A lady ran a stop sign and hit my passenger front end she did $3000 worth of damages. They totaled my car as a loss. They only want to give me $1000

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 7, 2012

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Insurance Question from Bethel Heights, AR

Asked on 03/07/2012

A lady ran a stop sign and hit my passenger front end she did $3000 worth of damages. They totaled my car as a loss. They only want to give me $1000 They only want to give me $1000 for it and i still owe $2240 for the car. What do i do?

Answer given on March 11, 2012

If your car was totaled in an accident the insurance company is only responsible to pay you the actual cash value of the car, even if you owe more than that amount on the car. You should check to see if you have gap insurance on the car through the insurance company or through the auto loan company. If so, they will pay off the balance of the loan. However, you still won’t have any money left over for a new car.You can check local ads for a similar car to see if you can get the amount of payment increased by the insurance company. You can use internet ads or local car dealers and newspapers. It is on you to prove that you car was worth the higher amount. Mileage and condition of the car will obviously have an effect on the value of the car.

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