Pa insurance my parked car was hit 12000 in damaged 2007 toyota camry. Concerned body repair brought in under total loss.Value 17500

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Pa insurance my parked car was hit 12000 in damaged 2007 toyota camry. Concerned body repair brought in under total loss.Value 17500

Will the party who hit me be responsible for deductible and rental? I have exceeded my 30 days on car rental. Can I get other insurance co to pay to replace my damaged vehicle? I dont vehicle will be right after 12k in damaged.

Asked on June 5, 2009 under Insurance Law, Pennsylvania

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Most insurance companies would call the amount of damage to your vehicle a total loss.  It is not just the cost to repair being higher than the cost to replace.  If it is that damaged, it probably shouldn't be repaired.  Either your insurance company or the at-fault driver's insurance would pay you the actual cash value (ACV) of the vehicle based on either the Kelley Blue Book, or another service, less the salvage value of the car.  If your insurer is taking car of it, they may not charge you the deductible if you were not at fault.  Some do and some don't.  If they do, you can try to get it back from the other party's insurer, but typically what happens is that your insurer will "subrogate against" (make a legal demand for reimbursement from) the other insurance company to get the money back that they paid out for your damages.  If they charged you a deductible and they get it back through subrogation, they will reimburse you.  If you have no rental car coverage on your policy, you can try to get that from the other insurer, but they will only pay a reasonable rate for a reasonable period of time.  You may have already maxed out on that.


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