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My parked car was hit and totaled. Advice please? Serious answers only.?
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My parked car was hit and totaled. Advice please? Serious answers only.?

I have on street parking. About 3 or 4 weeks ago, my car AND my husband's car were parked, one right behind the other on our street.
A theif driving a stolen car T-boned us, ripping off the back of my husband's car, and totally wrecking the front of mine. His can be repaired, but mine was totaled.
My insurance will pay my lein holder the value of my car, but I still owe a good $2000 +change for the car. Because it was used and I could not have GAP insurance, I'm responsible for the difference.
I received a letter in the mail yesterday from the insurance company of the OWNER of the stolen vehichle stating that they received my claim, but that the car has not been insured since 12/2007. So where does this leave me? Can someone give me some insight?
Additional Details
The police never caught the thief.


Luna & Lawnboy
Good luck suing the driver of the stolen vehicle. Don't bother going that route as recommended by another answerer.

Even if the owner's policy was in effect on the date of the loss, the insurance company would not pay you for the damage to your vehicle. The vehicle was stolen. The owner was not legally liable for the damage to your vehicle. Most policies, if not all, clearly state they will not pay property damage if the vehicle is stolen.

Anyway, as you already know, you are entitled to the Actual Cash Value of your vehicle only. If you have not already done so, contact the claims rep, and ask for a breakdown of how they determined the ACV.

Make sure that they included all of your options and have the correct mileage. What condition did they run the value through as? Excellent, Good, Fair or Poor? Did they deduct any old damage?

If you are still not happy with the offer, check your policy to see if you have an arbitration clause that allows you and your insurance company to participate in arbitration. An arbitrator can decide what the ACV should be.

Had there BEEN insurance on the car that the thief was driving - it probably would not have done you any good due to certain exclusions on standard auto policies - not a permissive driver, committing a crime while driving, etc.

Unfortunately, it looks like you are stuck for this one. YOUR insurance company is only going to pay the ACV (Actual Cash Value) of YOUR car - irregardless of what you OWE on the car.

You might get some relief by going to your lien-holder and asking what the "loan payoff amount" is - as they should discount some interest. If not, perhaps they will roll the amount owed into another car loan - this will put you "upside down" in your new note, but, it might buy you some time to pay off the balance on the original loan.

Call a LOCAL independent agent for insurance. Sometimes they offer GAP insurance on older cars - but, it won't help you THIS time.

Good luck with your problem and I hope this helps!

Lawn Boy & Luna have the correct answer.

A thief, stolen car, huh?

This is where the phrase fits.
Up the creek without a paddle.

If the thief is not habitual and a judge decides not to jail him, the thief may be required to pay for damages.

I once had a burglary and this happenend. But, good luck, the burgler made a couple payments and never saw him again.

Mad Jack
You can sue the gut that hit you for the difference. But unfortunately, this guy is most likely going to prison and probably isn't going to be able to pay.

But it is not the lien holder's fault either and they deserve to be paid.

Unfortunately, you may be the loser here.


You should have uninsured motorist insurance, unless you chose not to have it, but it's very very cheap, and most people have it

then since he didn't have insurance, your company should pay for it.

but in the case of a stolen car, I'm not sure how that works

Your going to have to sue the guy that hit you for the difference

I'm assuming you are in the States? In Canada we have a government fund that provides money for accidents like that were the one at fault has no insurance.

If that isn't an option the only thing I can think of is small claims court in which you would sue the thief directly for the amount you owe.

Try and get a free consultation from a lawyer and see what they think about your case.

you car sue the thief and the cars owner, he's suppose to be insured....good luck

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