A teenage drunk driver hit my parked car and totaled it. Insurance offering $1,500 for loss. What are my rights?

Free Insurance Quote Comparison

 Secured with SHA-256 Encryption

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...

Full Bio →

Written by

UPDATED: Aug 6, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Insurance Question from Duluth, GA

Asked on 08/06/2014

A teenage drunk driver hit my parked car and totaled it. Insurance offering $1,500 for loss. What are my rights? My car was given to my son for transportation to and from school and work. I am a single mom who cannot afford another car. Can I sue the insurance company for loss?

Answer given on August 09, 2014

If you car was struck by another driver then that insurance company needs to settle the claim with you. If the car is a total loss then the insurance company will only pay you the current actual cash value of the car. The insurance company determines the value through local costs, Blue Books and other sources. If you disagree with the settlement offer it is your responsibility to provide proof of the value you are claiming. You can do this through local ads for a similar car.Even though the car is more valuable to you than its actual cash value, you can not sue the insurance company for additional money. They are only required to pay you the actual cash value of the car. They must also provide rental car coverage until the settlement is made and you are paid. After that it is your responsibility to obtain other transportation. You may be able to find a similar car but it may not be for the same amount that you received.

IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.

Free Insurance Quote Comparison

Enter your ZIP code below to compare cheap insurance rates.

 Secured with SHA-256 Encryption