I would like other insurance company to pay me more.

UPDATED: Oct 1, 2022

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I would like other insurance company to pay me more.

I was in bed and a drunk driver totaled my car that was parked legally on the street
in front of my house. My insurance company totaled my car and I received enough
money to pay off the 3,200 I still owed on my old car and put 7,000 down on a
new car. I have a new car now but also have car payments that I didn’t have before.
I did just get a check from my insurance company for my 500 deductible because
the other insurance company ‘accepted’ liability. Is there any way to get the other
insurance to pay more?

Asked on March 8, 2018 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

All you are entitled to when you car is totalled is the then-current fair market or blue book value--what the car was worth at the time it was totalled, given make, model, age, condition, options. If you received that, you have received all you are entitled to and can't get more. If you received less than the then-current fair market value, you could sue the at-fault driver (you sue the driver, not the insurer) for the additional money. It does not matter that you now have car payments you did not have before: that does not factor into a determination of what you are entitled to.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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