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: Jan 7, 2016

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Insurance Question from Houston, TX

Asked on 01/07/2016

I was involved in a car accident my car is a total loss i have no gap coverage and i was wondering what i can do? I have a renaming sum of 4000.00 i feel like the 3rd party who did the evaluation process gave me a low estimate. Car is a 2015 spark 1Lt 4 door had only 9633 miles condition like new on everything, on engine and transmission they wrote well maintained. Please help. Thanks in advance

Answer given on January 11, 2016

If your car was damaged in an accident and determined to be a total loss, the insurance company will only pay the actual cash value of the car. This is determined through various sources such as blue books and local sales ads for the same type of car. If you can prove the offer from the insurance company is low, then you can argue the offer and get an increase. However, cars depreciate quickly and you may not be able to increase the offer of payoff. Check the internet for local sales of a similar car. It is unlikely you will get the other insurance company to increase the offer by the $4,000 amount, but you may get it closer to the amount you owe on the car.You can also contact your insurance company to see what they might offer as settlement for your car. If it is higher you can go through them and they will subrogate with the other insurance company. However, you will have to pay your deductible if you do this. It will be reimbursed if your insurance company gets the other company to reimburse them in full.


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