My husband and I recently divorced and are awaiting a hearing to determine equitable distribution. His girlfriend wrecked a vehicle that is up for mediation in the equitable distribution case. I know I can ask for a pre-wreck value of the vehicle, but I had hoped to actually get the vehicle back. I do not want it now that it is damaged. Is there any action I can take against the girlfriend?
Yes, the insurance company should eventually give you or your ex a check for the pre-accident value of the car if it was totalled. This amount would be added in to the marital estate if the car was marital property, to be divided equitably between the two of you. If the vehicle was damaged, but not totalled, then again the pre-accident value of the car is still added in to the marital estate and the value of this will be divided equitably. You will not be forced to take the actual car.
You are welcome! Good luck to you.