insurance payoff under loan payoff

[Raven0411]

I was rear ended while sitting at a red light by a drunk driver, (his third drunk driving). Him having insurance is doubtful but Michigan is a no fault insurance state anyway. The problem is my insurance company is not paying enough to cover what I owe on my loan, it isn't even paying kelly blue book pricing. Where could I possibly go to get the rest of my car paid for or to get my insurance company to at least pay kelly blue book price. Can I sue him for the difference if I find out for sure he doesn't have insurance. I know all the insurance companies say I can't sue him if he does. I have thirty days to pay off my finance company otherwise it goes to collection I don't need the negative credit. I pray someone could help me and give me some advice on what to do.
May God Bless all who read this.

 

[JoBarry]

I am not knowledgeable about the legal side of this, but recently I was rear-ended and ins company offered less that blue book/Loan payoff. In my exp w/accident (in AZ) this is what I found out: The ins company is required to give you the "fair market value" of your vehicle, in otherwords, the amount of money it would cost you to go out and buy another car like one that was totalled. If you don't agree with offer you can go to "arbitration" and have an impartial third party make final decision. My accident happened in AZ so I don't know if this applies to other states or I can be way off with my information (sorry if I am) but thought I would at least pass it on to you.

Also, if your car was financed you may want to see if you purchased "gap coverage" - This coverage is for exactly this circumstance where insurance company offers less than loan amount. The gap coverage pays the "gap"/difference. Hope some of this helps, JO.