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: Feb 21, 2012

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Insurance Question from Brooklyn, NY

Asked on 02/21/2012

The insurance company say my car is a cat D write off, how can i make them repair my car? The accident was no fault of my own and because the car is under finace i will not get any money if it is written off. This will cause me to loose my job and then my home

Answer given on February 23, 2012

If your car is damaged in an accident, the insurance company determines the cost to fix the car. If the cost is close to the actual cash value of the car, then they will total the car and give you the amount the car is worth. Unfortunately, often this is not the same that is the amount owed on the car. Unless your policy includes “gap coverage” the insurance company is not required to pay anything further for your car.You may be able to buy the salvage back on the car and get it fixed. While this does not help you pay off the car, it may be less expensive than trying to buy a replacement car. You should also talk to your lender to see if your loan includes any gap coverage, which would pay off the loan on the car after the lender receives the proceeds from the insurance company. If you don’t have it, see if you can work out adding the balance to a loan for a replacement vehicle. If you were on time with your payments, the lender may be willing to try to help you.


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