Do I sue driver, his insurance or the owner of the car?

Well you could sue. Has the other insurance company setteled with yours? Your insurance company is there to protect you. They should be helping you recover all your losses not just what they paid out. Thats what you pay them for. If they settled with the insurance company you might have a problem. The biggest problem with that is in most cases it takes years to get paid which will not help you now. Suing a person after the their insurance company has settled with you and I assume you accepted it, is very hard in any state. By accepting the payment you are saying you are happy with what you got. If you had refused the settlement you would have a better leg to stand on. In most cases lawyers work on a fee based system. If they win the get a percentage of the award plus expenses. Its the plus expenses that can eat away at your part. You might try small claims court. Each state has different limits. You are among many people today that are what is called "upside down" in your loan. Most all people with 4 and 5 year loans are. That is why they came out with what is called "gap" insurance. Some car loans do have it automatically. Some personal car policys include it. Have you checked your insurance company? Can you get them to recover your total loss including any loaner car or rental you had to use while you searched for another car Have you talked to the loan company? . Goodluck

Why would you sue anyone after being made whole for your losses? When your car was wrecked, you were given the fair market value. That settled it. The fact it cost you more to go buy a new one, or that you owed more than the worth of the vehicle is not the fault of the driver of the car, his insurance company, his mother, or anyone else. You're claim was settled, fairly. End of story. If you want to be compensated for the difference between what you owe and what your vehicle is worth, sign up for GAP insurance next time.

You can try sueing the mother provided it was permissive use. I doubt you will get anywhere with that. If it was not permissive use then the driver should have been charged with theft of a motor vehicle. California has it's own set of rules when it comes to auto insurance and is in favor of the public. If you've accepted the check from your insurance company and cashed it you settled it. The only alternative you might have is to make claim under your own policy for unisured/under insured motorist. It sounds to me that you may have been overcharged by the seller if your own company gave you fair market value. If in fact that is the case you should be entitled to know how they,your ins,company, came to that fair market value. Check with you insurance department or an independent appraiser as an abitrary 3rd party. You can also try websites like Kelly Bue Book or NADA depending on California's valuation method 3 dealer quotes is another arbitrary means of establishing fair market value. The Insurance contract is supposed to put you back in the position you were prior to the loss.

Whos fault is it that you made a bad financial decision and had an upside down loan? NO ONES BUT YOUR OWN! You can try to sue them all you want but you will get laughed out of court. By law they are required to give you actual cash value of your car.. nothing else. So.. enjoy wasting alot of time and effort and why dont you next time try to get a decent loan so you wont be in this situation? Its amazing how people blame others...

id sue the owner 4 letting drive it and him too