rear ended at a red lightby a car going about 55mph , my car was totaled.I had no insurance .Will the other drivers insurance cover my car?

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rear ended at a red lightby a car going about 55mph , my car was totaled.I had no insurance .Will the other drivers insurance cover my car?

Asked on June 23, 2009 under Accident Law, California

Answers:

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

Answered 12 years ago | Contributor

I hope the other driver has insurance!  If the other driver was completely at fault, and it sounds like he was, his insurance will take care of your damages, both property damage to your car, as well as any injuries you suffered in the accident.  Regarding your car, if it was, indeed, totaled, meaning it would cost more to repair it than to replace it, the company will pay you the actual cash value (ACV) of the vehicle as determined by the insurer.  They usually base it on the Kelley Blook Book or other valuation methods.  If you choose to keep the salvage, they will deduct the salvage value from what they pay you.  If you give them the salvage, they'll pay you the ACV and they will sell the salvage and keep the proceeds.


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