Auto Insurance Claims: totaled car, toyota avalon, gap insurance

Question
I was in an accident last week. It was not my fault and the lady who hit me took full responsibility. Her insurance company(Geico) has been giving me the run around. They totaled my car, which I was afraid of. I had a 2000 Toyota Avalon. The insurance adjuster quoted my car for 3940.00 I owe a little more than that to my lender. Is there any way I can ask for more money? I am now out of a car and no money to put down for a new one. Is it not the law that the insurance company has to to pay me what I could have sold my car for before the accident? I have done countless hours of research on my car and what it is selling for right now in my area. I am surprised that it is going for 5995-7999. Am I going to be at a total loss and I did nothing wrong? She ran a stop sign and hit me. Now I am having to suffer

Answer
Hello,

This is the reason for gap insurance-to cover the gap between what you owe and what fair market value is.

If you bought the car new and you have gap on it, you could turn the claim over to your insurance company, pay your deductible which you would get back when your company subrogates.

It's not fair, but it happens all the time when because of another's stupidity, we end up on the short end of the stick.

In theory, if taken to court, the job of the court is to make one whole, no better, no less. In reality however, this does not happen that often.

You could speak to an attorney if there are any injuries and the attorney might get you more for the car.

I hope all works out.

Rob