If someone runs a red light and hits me and I flip my vehicle does their ins have to pay my car loan off and help me get a new vehicle.

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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: Feb 12, 2011

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Insurance Question from Lake City, FL

Asked on 02/12/2011

If someone runs a red light and hits me and I flip my vehicle does their ins have to pay my car loan off and help me get a new vehicle. A woman ran a stop sign hit me I spn around and started fliping and landed back on my 4 wheels does her ins. Have to paymy vehicle off and help me get another one? Her ins paid to fix hers and she has her ride but mine was a total loss and herins only wants to pay book value and that is not right we worked very hard to get out vehicle down payment and now she gets away scott ffree and we have 6 children 1 of which has cerebal palsy and has to get to alot of dr appts and now we have no vehicle and no money to get one

Answer given on February 18, 2011

Auto insurance does not always make a person whole after an accident.  The insurance company is only required to pay therepairs on the vehicle that was damaged in the accident.  If the car is considered a total loss, then the actual cash value, often referred to as “Blue Book” value is the amount that will be paid.  Unfortunately, it sounds like the loan amount you had on the car is more, or equal to the actual cash value of the car. 

There are not many options available to you.  However, if you can find evidence that your car is actually worth more than the amount being offered by the insurance company, you can have them settle for a higher amount.  It is your responsibility to prove the increased value.  This could be done by finding similar vehicles for sale in your area in the newspaper or possibly on websites like Craigslist or Cars.com.  You should also ask your insurance agent if they can assist in any way.

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