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Old Nov 30, 2012 | 01:01 AM
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So my car got totaled by a stupid dumb drunk driver. My car was parked out in the street in front f my house on the rear left side. It messed up my whole left side and the wheel and aparantly the car is totaled according to my car insurance which is American family insurance. I'm in Wisconsin. My car was a 2006 scion tc with 95000 miles on it. So my question here is what can I do to replace it? Since its a total loss my insurance is paying me around 9,700 but I just recently got the car and ha a loan and I still have to pay off 9,200 on it. So I I'm left with around 500. I'm wondering if I could make my insurance at least pay off a little more or advice on getting a cheap one? Because I really want another tc I don't want another car. I'm pretty broke rigt and won't be able to get a car for a while. So any advice would be helpful. Thanks.
Old Nov 30, 2012 | 01:45 AM
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Insurance will not give your more than it's value. I suggest, taking the $500 + save some for a down payment on a new ride... Or buy a beater and enjoy not having a car payment. After all, it's winter, and you're in Wisconsin...
Old Nov 30, 2012 | 11:26 AM
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You could pick this ECO car up for $500 (blanket not included).

Old Nov 30, 2012 | 11:49 AM
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Put $500 down, take out a loan for balance of another used tC?
Old Nov 30, 2012 | 12:32 PM
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down payment for a honda ruckus lol ..

Jk man sorry about this happening to you its gotta suck, i hate parking my car in the street in front of my house
Old Nov 30, 2012 | 02:13 PM
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Sorry to hear that man, Insurance companies are a PITA. Hope you get what you want tho
Old Nov 30, 2012 | 08:35 PM
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Is there any way I could make them pay at least more or something?
Old Nov 30, 2012 | 09:26 PM
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No, because you enter into an contract with them. And they only cover what the cars value is. Is it really that hard to understand?

In most cases insurance doesn't give you enough to pay off the balance of a loan. Be happy, and thankful that you are getting enough + a down payment for a new car.
Old Nov 30, 2012 | 10:00 PM
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____ that I was fine just paying my Car off every month. Now I don't have anything to drive
Old Nov 30, 2012 | 10:04 PM
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And it wasn't even my fault! Nor was I in the damn car
Old Dec 1, 2012 | 06:25 AM
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Sue the driver! I don't know if that is possible, but in America, you can sue for pretty much anything.
Old Dec 1, 2012 | 07:52 AM
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Suing the driver is an option, especially if he was arrested for drunk driving. But keep in mind that legal fees may end up bankrupting you before you see any money for your troubles, if you see any at all.

What was the deal with his insurance? And what level of coverage did you have on your vehicle?
Old Dec 1, 2012 | 12:10 PM
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I don't understand the problem here. You get into an accident, your insurance pays out the total value of your car which lucky for you was more than the loan. The insurance is suppose to make you whole but instead you are actually $500.00 a head of the game. You have no debt and are free to buy another car. What the hell is wrong with that? If you want the same payment then go buy the same car. Stop crying about it. You're not suppose to make money off an accident.
Old Dec 1, 2012 | 12:46 PM
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Alright, I'm sorry your car got wrecked like that, but I deal with these kind of claims all the time. Here is what you can do to make sure you get the best settlement possible. 1. double check the valuation to make sure it is accurate. Field adjusters miss options on cars all the time. If you have made any modifications to the car, most of them don't add much value, but an adjuster can take those into account sometimes to improve the settlement offer. 2. If the other insurance carrier (the carrier for the drunk driver) is known, you can have them come and appraise your vehicle and see if they come up with a better offer, you can settle with whichever carrier offers you more money, doesn't matter. 3. you can pay about 150-300 to hire your own certified independant appraiser to come and evaluate your vehicle, but that probably won't do much good.

Just for the record, insurance companies owe what is called the Actual Cash Value of your vehicle, it has nothing to do with your financing on the vehicle, and if you're upside down on the loan, you should have gotten GAP insurance, basically if you finance over 75% of the car's purchase price, and especially if you drive A LOT, the car will depreciate quickly and you could be in a lot of trouble if the car is declared a total loss.

lastly, you can sue the other driver, but it would be fruitless. 1. if you take a settlement for the total loss of the vehicle, then you have been compensated for the loss of your vehicle, and if you settled with your own carrier, than you no longer have a right to pursue it because they have covered your loss, and it is now their job to recover the losses from the negligent part. And while the drunk driver is clearly at fault for hitting a parked car, he is not legally responsible for the rest of your life situation (I.E. your finances and how credit worthy you are to get another car load etc), that is largely your responsibility.

I'm sorry if it sounds cold and mechanical, but it is what it is. If the property damage was the only fall out from this drunk driver, than be grateful, I've seen far worse accidents in my line of work.
Old Dec 1, 2012 | 06:07 PM
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Yea that's true.. I guess I'm even lucky I don't owe any money on thecar at least. Looks like I have to save up for another one now. What's with the GAP insurance? What does it do?
Old Dec 1, 2012 | 06:12 PM
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random question what state are you in?
Old Dec 2, 2012 | 02:54 AM
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REDACTED

Last edited by pyroman131; Jul 21, 2018 at 05:09 AM.
Old Dec 2, 2012 | 04:13 AM
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Good to know! Thanks for the info guys. Since this was my first car I had no idea what I had gotten into. Thanks again everyone
Old Dec 3, 2012 | 01:44 AM
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The other part is that GAP covers the depreciation of the car due to factors like mileage, it will not cover the gap between your loan and the actual cash value of the loan vehicles appraisal if you have prior unrelated damages or neglect etc.
Old Dec 9, 2012 | 09:17 PM
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Originally Posted by tC608
So my car got totaled by a stupid dumb drunk driver. My car was parked out in the street in front f my house on the rear left side. It messed up my whole left side and the wheel and aparantly the car is totaled according to my car insurance which is American family insurance. I'm in Wisconsin. My car was a 2006 scion tc with 95000 miles on it. So my question here is what can I do to replace it? Since its a total loss my insurance is paying me around 9,700 but I just recently got the car and ha a loan and I still have to pay off 9,200 on it. So I I'm left with around 500. I'm wondering if I could make my insurance at least pay off a little more or advice on getting a cheap one? Because I really want another tc I don't want another car. I'm pretty broke rigt and won't be able to get a car for a while. So any advice would be helpful. Thanks.
;
Why wouldn't you just finance another TC with the 500 Down?
And that does suck though Im sorry for that....



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