How should I proceed if the insurance company is not offering enough money for my totalled car just because they cant find parts?

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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: Jun 21, 2012

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Insurance Question from Houston, TX

Asked on 06/21/2012

How should I proceed if the insurance company is not offering enough money for my totalled car just because they cant find parts? I was involved in a hit in run auto accident and the car that hit me did not have insurance. We made a police report and a witness called in the accident with the plates from the person who hit us. The body shop totalled my car out for 5000 since they could not find parts to fix my car. I still owe on my car and cannot get another vehicle even close to what I was driving before. (2007 Saab fully loaded) Can I sue the person that hit me even though he does not have insurance? What can I do about my insurance not giving me enough money? I'm still waiting to hear back from mny insurance on how th

Answer given on June 22, 2012

If your car is damaged in a hit and run accident and the other party does not have insurance, then your collision coverage should pay for the damages to the car. If the car is considered a total loss, then the insurance company must pay you for the actual cash value of the car, which is determined by several factors including blue book and local prices for the same or similar car. If you do not agree with the value offered then you have to prove your valuation of the car. Unfotunately, just because you owe more on the car than you are being offered, that is not a consideration of the insurance company. Of course, your collision deductible will also apply.You can go to court to sue the other driver, even though he does not have insurance. However, if he has no money, it will be hard to get anything from him, even if you win in court.

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