Do I have the right to sue another driver even if my car has been repossed?  I was in an auto accident before the car was repoed.I was hit by another driver ,who was at fault for the damages done...

Do I have the right to sue another driver even if my car has been repossed?  I was in an auto accident before the car was repoed.

I was hit by another driver ,who was at fault for the damages done to my car.  What can i expect for property damages to my car and self.  I am currently going to a choirpractor for treatment on my back and legs.  I was in my car that i owe money on still.  I owe one last payment and late fee charges as well as money for the car being repo.

Expert Answers
dano7744 eNotes educator| Certified Educator

Yes, you can file suit even though you no longer have the car. First, contact a lawyer familiar with these types of cases. The lawyer will review the case(usually no initial fee) he will  review your medical records that are pertinent to your injuries. Unfortunately, some lawyers will only accept cases that are of a large scope. Another unfortunate fact is that most plaintiffs have to sustain very severe injuries before the lawyer will take the case. The reason for this is because these cases are taken on a contingency basis. The lawyer gets paid a percentage of the award that you receive. The larger the reward, the larger the sum that goes to the lawyer. If your injuries were minor in nature, this means that the potential reward will be small, maybe enough to pay your medical bills. Be advised also that these type of cases take years to settle because of court calenders etc. It will not happen overnight.

brettd eNotes educator| Certified Educator

Your present ownership status on a car has no bearing on his/her fault for the accident in question, or the damages and injuries they caused.  You would be suing them because of an incident, not because you owned a car they hit.  If you had been driving a rental or a friend's car, and were hit by this driver, they would still be responsible for your hospital and doctor's bills had they injured you.

Hopefully the police were called to the scene of accident, and gathered evidence, wrote a full report and took photos, or else you may have lost some of the evidence of the accident when the car was repossessed.  Good luck and I hope you heal quickly.