Car accident that was not my fault?
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Car accident that was not my fault?
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I was in a car accident in the Illinois. A car slammed into the back of me; I was not at fault. My car is an older car that does not have much value, but I still owe money on it. The insurance company told that my car is a TOTAL LOSS. I understand how and why it is a total loss, but what I don't understand is. They told me that they will only pay what the car is worth. Now I've have some experience with friends of mine having their car totaled, and they had to pay the difference, but they were at fault. Since I was not at fault in the accident I was under an impression that my car would be paid off in full. In a way I still lose because I owe more money than the car is worth, and there's not extra for a new vehicle.
If someone have any personal experience in this or is an insurance agent or anything. Please help me understand what is going on here.
If there is leagal advice for this please tell what type of lawyer I have to contact. I did a yahoo search and all I find is legal advice for car accident injuries.
Additional Details
COWBOY BILL no it is not the insurance company fault that the loan is more for wat the car is worth but it is also not my fault that the people behind me was careless and paying attention to everything else but the car ahead of them.
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Will T
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shoulda drove an SUV
= lil to no damage |
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Uncle Jed
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The insurance company will pay you the actual cash value of your car. If you owe more than that makes no difference. You will have to pay the difference to the bank to finish paying the loan off..............md |
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oklatom
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Since the other driver has accepted responsibility for the accident, insurance will pay for your loss. Your loss is the worth of your car, the fair market value. Why would they be responsible if you had a loan for more than the worth of your car? They only owe you for what you lost, which was the value of your property. |
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grand lake bum
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You are screwed, I once had a car slam into my new truck (5000 miles), and since a vehicle loses alot of value as soon as you drive it off the lot brand new, I ended up having to pay about 3000 dollars to clear the note after the insurance paid off, so I could buy another truck. And I wasn't even in the truck, I had walked away about 5 seconds, and behind me a car hit it the door at 55 mph. So THAT was clearly not my fault. |
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CwboyBill
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The insurer is correct. No one owes you more than the car is worth. Would YOU pay someone $5000 for a $2000 car if you ruined it? Answer: no, of course not. The insurance company isn't at fault because you made a bad deal and owe more on a car than you can sell it for. Hiring a lawyer will only cost you 1/3 of what they are going to pay you -- they CANNOT make the claim worth one dime more that it is. This is just a hard life lesson but believe me, there is NOTHING you can do about it. Your only chance is to be certain that the value of your car is correct. Find and list every car as much like yours as possible, (model, options, mileage and condition) for sale within a 50 mile radius. Come up with a mean average and present this to the adjuster if he/she isn't offering you as much. Who knows? They could have made an error in their calculations -- or they could be spot-on. |
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