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Rear ended help plz

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WhyMe951

Junior Member
California. My lady was in a three car accident she was at a stop behind a car and a lady rear ended her hard enough to push my lady into the car in front of her. The lady admitted to being at fault. It took over a week to get are car in the shop. My lady had to step down from an assistant manager position that she JUST got because it's out of town. Now we just got informed that are car is totaled and we still owe 2000 . So do I get a lawyer or our we just Sol
 


HighwayMan

Super Secret Senior Member
You should have reported the accident to your insurance company. They will deal with the claim.

Hopefully you're properly insured.
 

Zigner

Senior Member, Non-Attorney
You should have reported the accident to your insurance company. They will deal with the claim.

Hopefully you're properly insured.
She must be...it's a condition of financing the vehicle ;). But, the problem arises that, even after insurance pays out, there is still $2,000 outstanding on the loan. It's too bad the OP's lady didn't have gap insurance, because she's on the hook for that $2,000. The at-fault party is only liable for the value of the vehicle at the time of the accident. The at-fault party isn't on the hook for anything more just because the OP's lady owed more on the car than it was worth.


(I know that you know this, HighwayMan. My post is for the OP :) )
 

WhyMe951

Junior Member
You should have reported the accident to your insurance company. They will deal with the claim.

Hopefully you're properly insured.
We did initially they(infinity) told us we need to contact the insurance company(progressive)of the lady that hit us. So we did they came took pictures of the car emailed us later saying the cost of all the damages isn't covered. We told are insurance that they said ok take your car to the shop. It was a 2013 Chev spark
 

WhyMe951

Junior Member
She must be...it's a condition of financing the vehicle ;). But, the problem arises that, even after insurance pays out, there is still $2,000 outstanding on the loan. It's too bad the OP's lady didn't have gap insurance, because she's on the hook for that $2,000. The at-fault party is only liable for the value of the vehicle at the time of the accident. The at-fault party isn't on the hook for anything more just because the OP's lady owed more on the car than it was worth.


(I know that you know this, HighwayMan. My post is for the OP :) )
So this lady totals my car intern causes my lady to loose a week of work and a promotion. We live paycheck to paycheck it baffles me how this person can mess our lives up and it is what it is. Thank you guys for the help much appreciated
 
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Zigner

Senior Member, Non-Attorney
So we loose are Only vehicle
You may be able to "buy it back" from the insurance company, but then you'd have a salvage car that you have to deal with repairing. You would, in essence, be spending good money after bad.
 

ecmst12

Senior Member
They owe $2k, not $2k over the value. So insurance will pay out for the value of the car, the bank gets paid off first, and the owner gets any remainder. You can use that as a down payment on a replacement vehicle. And yes, the at fault insurance company would at least reimburse for a rental but they might not pay for it up front, depending on how much coverage there was and if they had completed their investigation and accepted all liability.
 

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