Can I sue for depreciated value of a car?

Last year, me and a friend drove upstate (florida). I was falling asleep so I gave him the wheel. He crashed my car and recived a ticket for speeding. My insurance covered it. But I can't even sell my car since I owe more than it's worth. Can I sue him for the deductible I paid for and the depreciation after it was crashed?

Since I was corrected, I meant the "diminution in value" due to crash.

You can sue for the deductable on your insurance, but not depreciation.

The crash did not cause the depreciation.

Yes. You can sue, and if he was negligent (which he probably was, since he got a ticket out of the deal) then you can win.

Your insurance company can also sue him for the amount they paid you.

(You're not really asking about depreciation. Depreciation is the natural decline in value over time due to the market and ordinary wear-and-tear. What you're asking about is usually called diminution in value.)

However, as far as what you get out of it, that depends. You can only get one or the other:
1. cost of repairs, OR
2. diminution in value which is attributable to the damage
And you should actually sue him for the whole amount, and then pay your insurance company back. They might even pay for the legal costs and hire the attorney if you do this.

If you did some of the repairs, but not all of them, you can probably get the cost of the repairs which were actually done plus the diminution in value which is still left over after the repairs.

You should talk to your insurance company first, and if they don't help, get a lawyer.

Yes. Furthermore, if he ownes a car and has liability insurance, his insurance company can defend him and pay any judgment. Most liability policies cover a driver for damage he causes while driving a borrowed or rented car. If he has insurance, start by contacting his insurer. Negotiating a settlement is a lot easier than suing someone.

Lawsuits are everywhere. You may get the deductable but doubt you will collect on depreciation.

http://www.customcovers.com/Car-Seat-Cov...

you may get the deductible (doubtful since it has been a year) but you will get no more than that