Just got hit by a car while driving a car I just bought. the insurance company of the guy who hit me wont pay up fully.

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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 22, 2014

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Insurance Question from Las Vegas, NV

Asked on 02/22/2014

Just got hit by a car while driving a car I just bought. the insurance company of the guy who hit me wont pay up fully. I Just recently bought a car for $18,000. A few weeks after getting the car I was in a car accident. The other driver was at fault. The police report even reflected that. I still owe $12,000 on the car. The insurance company of the other driver paid $7,000 to the lender that lent me the money to buy the car. And took the car I bought too. the car was not destroyed. Just a good dent in the drivers door and drivers side door window was broken. Door still opened and car ran fine. Now I don't have a car and still owe $5,000 to the lender for the car. What should I do?

Answer given on February 22, 2014

In car insurance, the insurance company who is responsible for damages to a car will pay for the repairs, or if the car is considered a total loss, they will pay the actual cash value of the car and will take the car.In your case, you should not have released the car to the other insurance company if you were not satisfied with the settlement offer from them. Since you have already released the car and the lender has been paid, you don’t have much recourse with the other insurance company. If you did not sign a release for the insurance offer from the insurance company then you should go back to the insurance company and try to get additional money from them. It is up to you to prove the actual cash value of the car, but they need to show where they came up with the amount that they paid.If this does not work, and the car is still in possession of the insurance company you can try to buy the salvage of the car and have it repaired so you can keep using it.

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