how do i purse the insurance company of the driver that hit my car?

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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: Sep 18, 2012

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Insurance Question from East Stroudsburg, PA

Asked on 09/18/2012

how do i purse the insurance company of the driver that hit my car? i got into a car accident and my insurance company declared it a total loss and paid the bank what they thought the car was worth, (which was less than what i owed). i ended up owing my bank almost $3,000.00 i would like to know how can i go about getting this amount paid by the gentleman that hit me insurance company? i was told by me insurance company that i would have to write them i letter which i need help with because i do not know were to begin. Please help. Thank you in advance.

Answer given on September 23, 2012

When you are in an auto accident and your car is totaled by another driver, that insurance company will determine the current value of your car and pay for the amount determined as the actual cash value of your car. Often times this is not the amount that you owe on your car or what you feel your car’s value was.It is your responsibility to prove that your car had a higher value. You can do this with current ads locally showing an increased value for your car. However the insurance company can deny your claim and still only pay the amount originally offered.Yu can file a claim in small claims court against the other party, but there is no guarantee that the court will find him responsible. Again, you are entitled to the value of the car. The court may not decide that you are owed any more even though you owed more on the car.

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