Car totaled, not my fault. Want to know options to being “made whole”

Found out my car was totaled after an accident that wasn’t my fault. Even though my car had a lot of miles on it and is over 10 years old, it still was clean, had a new transmission, new tires, custom air filtering system. What are my options through both my insurance company and the “at fault” company for getting ito a car at no cost?

Asked on June 29, 2009 under Accident Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm afraid that your only option will be to buy another car for whatever the "book" value of your totalled car comes to, as it was equipped.  That's all you'll get from either insurance company, it's all you'd get if you took it to court.  The only thing you can really argue about is what is a fair "book" value.

For the details of how this works in your state, as it applies to the unique facts of your case, please see an attorney near you.  One place to look for a lawyer is our website,

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