Car totaled, not my fault. Want to know options to being “made whole”

UPDATED: Jun 29, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Car totaled, not my fault. Want to know options to being “made whole”

Found out my car was totaled after an accident that wasn’t my fault. Even though my car had a lot of miles on it and is over 10 years old, it still was clean, had a new transmission, new tires, custom air filtering system. What are my options through both my insurance company and the “at fault” company for getting ito a car at no cost?

Asked on June 29, 2009 under Accident Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm afraid that your only option will be to buy another car for whatever the "book" value of your totalled car comes to, as it was equipped.  That's all you'll get from either insurance company, it's all you'd get if you took it to court.  The only thing you can really argue about is what is a fair "book" value.

For the details of how this works in your state, as it applies to the unique facts of your case, please see an attorney near you.  One place to look for a lawyer is our website,

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption