Recently my car was hit in the parking lot at work. I was parked and an 85 year old man leaving the DMV (just renewed his license) was flying out of his parking spot.
He sideswiped my vehicle, hit my assistant managers vehicle and pushed her car out of the spot and into another persons car. I took my car to a repair shop and his insurance company called me back and informed my that my vehicle was a total loss.
I have a 99 Toyota Camry V6. They determined this by stating that my vehicle had some prior hail damage. They say it's value without damage is $5600. The hail damage deducts $5906.75. So they are offering me $900. The repair cost will be $1800. The side of the vehicle that was damaged had no prior hail damage and now the vehicle is not drivable. I just paid this vehicle off and bought a home. I am a single mother of 3 and cannot be without a vehicle.
I spoke to a lawyer and they said I should take the driver to small claims court. How should I present my case? I am not looking to make money off of this, I just want my car back to the way it was, hail damage and all. If I take the settlement from the insurance company could I still sue him for the remainder?