recovery of payoff on totaled car

[sderck]

What is the name of your state? pa

i was involved in an accident not of my fault. my insurance did not pay off the car. am i able to collect the amount that i had to pay out of my pocket for the person who is at fault?

 

[I AM ALWAYS LIABLE]

What is the name of your state? pa

i was involved in an accident not of my fault. my insurance did not pay off the car. am i able to collect the amount that i had to pay out of my pocket for the person who is at fault?

My response:

No. You're only entitled to the "fair market value" of the vehicle on the date it was damaged or destroyed. No one else is responsible for the fact that you owe more than your car was worth. So, if you owed, for example, $5,000.00, but you were only paid $3,000 (the fair market resale value), then $3,000 is all you're going to get. You'll have to "eat" the balance of $2,000.

You are, however, entitled to obtain (and possibly sue for) your insurance deductible.

But, that's about it.

IAAL