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Auto accident not faul total loss

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Junior Member
State: IN
Was recently in car accident other cars fault. The car is a total loss and they will not fix it. I drive a 2012 Chevrolet Cruze with the average value of the car around $14,000 they are only offering around $8,000 and I still have a payoff for the car. I am wondering if i take the $8,000 they are offering can I also ask for an inconvenience payment for having to now find a new car taking time out of my days and work, calling tow truck, collision center, insurance companies and not to mention going back and forth to the police station 3 times to get a copy of the police report. Also, this is all from "my" insurance company, the other guys hasn't even looked at my car to assess the damage. So should I ask for this payment along with what they're giving for the car and how much should I ask for, should I even accept this total loss payment or should I just get an attorney?
Any advice would be greatly appreciated as this has already taken three weeks to date and not settled yet.
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Senior Member
Bottom line;

You are entitled to the fair market value of you vehicle immediately prior the accident.

If that does not payoff your loan then you were what is called upside down on your loan. If you purchased gap insurance it would cover the remainder of your loan. If you did not, it comes out of your pocket.

You can ask for anything you want but you are not entitled to anything more than your actual losses


Senior Member
As stated, the fact you had a loan on the vehicle is immaterial. Of course, you do understand the check will be made out to you AND the finance company and the finance company will take all they need to pay off the loan (or all of it if it is less).

Cruzes of that model and mid level and better than average condition trim go for about $11,000 around according to KBB. You should run some pricing runs on your car as it was actually equipped and its condition. You can provide that and an explanation of what makes your car better than average to them to see if they'll up the valuation a bit.
I managed even to get a few hundred extra once for claiming I'd just bought new tires on my Suburban when I got creamed.

If you can't get a mutually acceptable figure, you'll have to sue the driver. Again, you need to justify why you should be paid what you are asking.

You don't get to recover anything for your aggravation on having to buy another car.


Junior Member
Yes I understand that no matter what still have to payoff the loan and they don't care either way (it being paid off or not) Just don't see how they can justify $8,000 when to replace my car would be almost double. I did research the kbb and Edmunds also went to dealerships and private sellers w/the same car with close to same mileage and the cheapest that was found was around $13,000(not including tax and title) Just don't get how I'm the one getting screwed when the accident wasn't any part my fault! I should get compt for my time taking off work to make these phone calls and all the running around I'm having to do & not to mention all the gas wasted & all in someone elses vehicle,
as I did receive a rental car either! I guess we'll have to get an attorney and see him in court. Thank you both for your feedback


Senior Member
first realize that an advertised price is not a good way to determine actual market value. I have never paid advertised price at a dealer and have negotiated as much as a 40% discount off the advertised price. The selling price establishes market value.

but with that said, it sounds like you are on the right path to establishing the offer is inadequate. Keep it up and once you reach a true value, show the insurance company that. They are liable to you for that market value.


Senior Member
Once they make a settlement offer, they can stop paying for a rental car and usually will within about a week or so. If you are negotiating in good faith, they'll probably cover a few extra days, but you can't just refuse to settle and think they will have to pay for a rental forever - they don't.

They will NOT have to pay your attorney fees and you will not come out ahead if you choose to hire one.

Get some evidence of similar cars selling for the price you claim. Even advertisements are better than nothing. Make sure they are local and the cars are in similar condition, features, mileage, etc. But understand that "fair market value" is not the same thing as replacement cost - they are not liable for replacement cost.
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