Not only was my car totaled, but I am injured. I owe more than the car is worth with Blue book Value. I should be asleep, but the pain in my thumb is enough to keep me awake after two sleeping pills! I can't imagine I could walk away from this in worse condition that before the accident. I can still be making payments on a car I can't drive anymore! That's crazy. Will my injuries amount to anything?
Answer by manuel n
If it was your fault and have no Gap insurance, bad news. You are out of a car and owe for the balance of whatever the insurance pays off. If it was some elses fault then you should see an accident attorney. They can tell you what you can get.
Answer by PMack
If you were upside down on the car that was wrecked, that was your fault, not the insurance companies, you can't expect them to pay you more than they otherwise would because you owe more. For the damages themselves, all you are entitled to is fair market value for the wrecked car, what you owed on it is irrelevant.
If you were seriously injured and have legitimate medical costs, time out of work, things like that, you might indeed have a case for compensation for your injuries, but I doubt if you'll get any big money for a sore thumb, unless you have permanent damage/disability.
Answer by eric
Cash value of car, medical/doctor bills paid, lost wages due to the accident, a rental car for a short time until the insurance settles (and perhaps a few days after they cut you that check), and some for pain and suffering. I say a few grand for pain and suffering would do it. You would likely have to counter the insurance's offer. Just add 2k or 3k for pain and suffering on top of all the bills. You don't have to get a lawyer on this and a lawyer would take 1/3 of the settlement anyway.
Answer by http://www.accidentsinla.com
What you get and the method used to calculate will depend on the insurance company and the policy you have. Different policies will have different caps and deductibles and ways of evaluating the value.
What is important to remember is that the amount is not set in stone. It is negotiable just like if you were trying to sell your car. The insurance company will probably try to nickel and dime you. Be prepared to negotiate and justify why your vehicle is worth more.
Also, make sure you get your money for any rental car expenses that you incurred and any other expenses that are covered by your policy.
Depending on the type of policy you have it may include "gap coverage," which means they will pay off what is left on your car loan regardless of what the car is worth. Otherwise, you could be stuck making payments on a car you cannot drive.
There are other options that you may have, and it is probably best if you discussed your options with an experienced personal injury attorney in your state. As a personal injury attorney in California, I come across lots of these situations and we always try to get the maximum for property damage.
As for your injuries, those are another issue. Again, you should contact an experienced car accident attorney in your state to discuss your options.
Answer by entidtil
If your car is "totaled" by the insurance company. you will receive "fair market value" for it. If you don't get enough to pay the loan, you will have to make up the difference (unless you had GAP insurance) . If you are asking about compensation for injuries, no one here can answer that but I do know that no company is going to simply hand you a big bag of cash and say "have a nice day". In fact, you may get very little or even nothing for "pain and suffering" for your injuries.
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Orignal From: What compensation will I get after my car was totaled in an accident that was not my fault?
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