Auto Insurance Claims: car accident, car insurance company, finance agreement


Question
My car was total after a car accident,can i sue the plaintiff for the 5,400 that I'm out from my car loan, and the car value at the time of the accident,this happen in tn

Answer
Hi Marth,

When a vehicle is a total loss, you are entitled to be paid for the value of your car at the time of the accident. Your finance agreement is a seperate contract that you entered into and has nothing to do with the person that damaged your car.

If you have collision insurance, your company will make you an offer for the value of your car less your deductible. They will then seek reimbursement from the at fault persons insurance company including your deductible. Or you can make your claim directly to the at fault persons insurance company who will pay you the value of your car. Insurance company will often try to low-ball you on the value of your car. You should research the value yourself so you can negotiate with the insurance company if they try to low-ball you. If you owe more on the car than it is worth, you will be responsible for paying the finance company the difference between what you owe and what the insurance company pays.

I hope this helps
Richard Hixenbaugh