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    jims195753's Avatar
    jims195753 Posts: 1, Reputation: 1
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    #1

    Aug 9, 2010, 01:36 PM
    Can I file a lien against a person who totalled my car
    Last yr. an accident caused by another driver who ran a red light totalled my Vehicle. His insurance paid off loan and gave me a small amount of money, not enough to replace my vehicle. Can I file a lien against him for 7500.00 the cost of the vehicle that I bought?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Aug 9, 2010, 01:38 PM

    No you cant. He is discharged if his insurance company paid up. So you want him to pay for your new vehicle ? I don't think that will happen. Your replacement vehicle is your responsibility.

    I see you as being ahead of the game if his insurance paid off your car loan, plus money. Why didn't you put that money towards the vehicle you purchased?

    Tick
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 9, 2010, 05:28 PM

    You can not sue, when you agreed to the settlement from his company that ended the liability.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
    		  
    #4

    Aug 10, 2010, 07:34 AM

    You can't double dip if the insurance company paid your car off and gave you additional money. You should have put the extra money towards a new vehicle. You did get out of the original car loan, didn't you?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Aug 10, 2010, 07:55 AM

    A lien is an encumbrance recorded against real property that has to be satisfied before the property can be sold or transferred. To be able to file a lien you must have either done work on that property that wasn't paid for or win a judgment against the owner of the property.

    So, since you didn't work on any property of his that option is out. As noted, when you accepted the check from the insurance company you ended his liability. So you have no grounds for a suit. So no judgment. So that option is out.

    Finally, what happened is NO different from if you decided to sell the car and buy a new one. You take the proceeds of the sale, pay off your loan and apply the rest towards a new car. You would still have had to come up with the difference. So the $7500 you paid was your responsibility.

    To sum up, you have no ability or grounds to sue the individual.
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