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Totaled Car

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PearlLinds

Junior Member
What is the name of your state? California

A week ago a driver ran a red light and hit my car. No one was injured, but my car was totaled and he was able to drive away. I am incurring out-of-pocket expenses left and right because of this and I feel I deserve something. I'm not trying to get rich off this guy, but they aren't covering the full cost of my rental, my car was almost paid off and now I will have a payment again for a few years, I bought brand new tires a month ago which haven't been paid for yet and I'm not getting the full amount for them, and I also missed work to take care of everything with this.

I know this is probably the least serious car accident ever, but the bottom line is - this is costing me money when I did nothing wrong. Am I entitled to anything beyond the cash value of my old car? I just want to know if I should fight this harder, or just accept what the insurance companies give me. The only thing I've signed is authorization for my company to pay off my old car, and to transfer the title to my insurance company.
 


ecmst12

Senior Member
Are you dealing with YOUR insurance company, or the other driver's? If your company, then you are entitled to what is written in your policy and nothing more. They will pay the contractual amount for the rental and you can attempt to recover the rest from the at-fault driver. They will pay the actual value of your car, minus your deductible, but they will also attempt to recover the deductible from the other company on your behalf, so eventually you will probably get that back as well. If you lost time from work and that is not covered in your policy, you can claim it with the at-fault driver. That's pretty much it. Accidents suck, insurance will try to make you as close to as you were before as possible but nothing can be done about the fact that you have to get a new (to you at least) car.
 

PearlLinds

Junior Member
I am dealing with both. I submitted the receipt for my rental car to the other insurance company but they are only giving me the amount for a compact car, which is what my old car was, and I rented a full size car. I was not notified of this by either insurance company, and the rental car company staff told me it would all be covered.

I was allowed $20 per day from my insurance company, which was covered when I paid for it. My car cost $29 per day, so I paid $45 out of pocket for the week after what my insurance company covered. I submitted the receipt for the $45 to his insurance company and they're only giving me $25 per day, minus what my company paid. I know - it's only $20 that I will actually be paying - but it's my $20 that I should not have to give up. It shouldn't matter what I rent.

His insurance company told me that because I wasn't injured, I cannot claim lost wages.

I still owe $250 on tires that I don't own anymore, and I only got $36 for them from my insurance company. I submitted the receipt to his insurance company and they said they can't reimburse me for that (hey, I had to try!).

I had $1,000 left to pay on a reliable car that got 35-40 miles per gallon that I was planning on keeping for another 2 years. Now I have a car payment for another 5 years.

As I look at it, I am financially worse off than where I was 2 weeks ago - I am a college senior who works part-time! And school started yesterday.
 
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FlyingRon

Senior Member
I am dealing with both. I submitted the receipt for my rental car to the other insurance company but they are only giving me the amount for a compact car, which is what my old car was, and I rented a full size car. I was not notified of this by either insurance company, and the rental car company staff told me it would all be covered.
That is typical. The rental agents are idiots. The idea of rental coverage is to give you transportation capability NOT to provide a comparable vehicle.

His insurance company told me that because I wasn't injured, I cannot claim lost wages.
You can claim them, they just won't pay :) .
I still owe $250 on tires that I don't own anymore, and I only got $36 for them from my insurance company.
The fact you are upside down on your debts is not an issue to either insurance or civil liability. Believe me, people have gotten in deeper trouble when the whole car is financed. If you need that kind of protection, many insurance companies (or finance companies) will write you that sort of policy.
I submitted the receipt to his insurance company and they said they can't reimburse me for that (hey, I had to try!).

As I look at it, I am financially worse off than where I was 2 weeks ago - I am a college senior who works part-time! And school started yesterday.
Yep, the civil liability only covers the monetary value of tangible stuff. Your perceived situation is not compensable.
 

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