can I get my car replaced?

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can I get my car replaced?

I was uninjured in an accident that totaled my car, I was paid 6k for my paid for vehicle, but now I have a car payment as well as a huge down payment that I feel I shouldn’t have because of someone else being at fault. My life shouldn’t change because of this.My insurance was fair its just that I cant replace my vehicle for that amount of money. Can anything be done.?

Asked on May 16, 2017 under Accident Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Nothing can be done. The law does not care--to put it bluntly--about what you paid for a car or how you bought it (e.g. cash, financed, gift it by a relative, etc.) since that has little (sometimes nothing) to do with what it is worth. It also doesn't care about what you pay to replace the car, since that is wholly under your control--you could buy a lesser car, an older car, a car with a salvage title, etc., to reduce costs, for example; or lease instead of buy; or, yes, choose to buy a new car and pay more than your totalled older car was worth--and it again has nothing to do with value of the destroyed car. 
The law does not guaranty that you will not be inconvenienced by an accident or have you life changed: rather, just as if someone stole $1,000 from you, you could sue him for $1,000 and get that much back, you are entitled to only the actual value of the thing lost or destroyed.


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