Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Aug 6, 2014

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Insurance Question from Duluth, GA

Asked on 08/06/2014

A teenage drunk driver hit my parked car and totaled it. Insurance offering $1,500 for loss. What are my rights? My car was given to my son for transportation to and from school and work. I am a single mom who cannot afford another car. Can I sue the insurance company for loss?

Answer given on August 09, 2014

If you car was struck by another driver then that insurance company needs to settle the claim with you. If the car is a total loss then the insurance company will only pay you the current actual cash value of the car. The insurance company determines the value through local costs, Blue Books and other sources. If you disagree with the settlement offer it is your responsibility to provide proof of the value you are claiming. You can do this through local ads for a similar car.Even though the car is more valuable to you than its actual cash value, you can not sue the insurance company for additional money. They are only required to pay you the actual cash value of the car. They must also provide rental car coverage until the settlement is made and you are paid. After that it is your responsibility to obtain other transportation. You may be able to find a similar car but it may not be for the same amount that you received.


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