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car

what are the chances of...
what are the chances of me getting my car paid off when i got hit by a drunk driver? i wasnt in the car and he was running from the cops. i owe 12000 on my car. this was a big inconvienence for me and i know nothing about this. just loooking for a truthful answer.
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Answered in 18 minutes by:
8/8/2012
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified

Zachary D. Norris :

Hi

Zachary D. Norris :

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Since you are not at fault, you are likely to be able to get your car paid off if the car is considered totalled.

This will be a decision which is made by the insurance company, and this is the first issue that we need to address.

Did the drunk driver have insurance? If so, do you have the insurance information and have you filed a claim?

If the drunk driver did not have insurance, do you have Uninsured Motorist Coverage on your own insurance?

Finally, how badly damaged was your vehicle?
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Customer reply replied 5 years ago
ok. my car is not drivable and the front driver side is completely messed up. tired gashed and everything. the police report hasnt came back yet to determine whether or not he has insurance and i have full coverage but don't want to go through my insurance. i also have GAP coverage and i want my car to be totaled haha
Customer reply replied 5 years ago
Relist: Incomplete answer.
i replied back and he never followed up. i just want advice
Sorry for not getting back with you immediately, I was helping another customer.

You need to determine whether or not the drunk driver has insurance. Minimum insurance coverage is generally $20,000-$25,000.00. Thus, any policy will be big enough to pay out the remaining value of your car. So you need to make sure and follow up with the police to get the police report so you can file a claim with his insurance company.

If he does not have insurance, a UIM claim needs to be made. This would not cause your insurance rates to go up.

All that being said, the determination of whether or not your car will be paid off will depend on whether it is totalled, or whether an insurance company adjuster determines that it can be repaired. In that case, you would only be able to have the vehicle repaired, rather than paid off. The fact that the car is not drivable does not necessarily mean that it is totalled. Of course, you can make a good faith determination yourself. Does the frame of the vehicle look to be bent? Does it look like it could be repaired? If your own answer to these questions is no, then you want to put pressure on the insurance adjuster after you have filed a claim (with either his insurance or your own UIM insurance) to count the car as totalled.

If the car is totalled, the GAP coverage will make up the difference between what the adjuster determines to the be total fair market value of the car at the time of the wreck and how much you owed on it.

But again, whether you will be able to get the note paid off depends own whether the vehicle is totalled.

Please let me know if there is any further information I can provide you. You may be asked to rate my answer. Please understand that my goal here is to provide you with the best service possible and to answer your question thoroughly. If you give me a negative rating, then the website will not pay me for the work done on your question and will retain all the money you have paid. If you are not satisfied with my answer, please let me know so that I have the opportunity to make sure you get a correct answer and that I have a chance to earn a living. I will work hard to make sure you are satisfied with this service so you feel justified in rating my answer positively.

-ZDN
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Customer reply replied 5 years ago
ok so i can absolutely get nothing conpensationwise for the inconvienence of this happening or anything? becasue i was looking at trading my car in also and can't now because the value of the car has dropped so much now that it got hit. could i use this to my advantage and what is the best way to go about talking them into it being totaled? haha
You likely would be able to claim reimbursement for vehicle rentals that you were forced to rent while your vehicle is undrivable. However, other than that, you cannot recover for inconvenience or any sort of suffering. This kind of payment is only available when you have a personal injury.

Of course, you can use it for your advantage. The more noise you make in your claim to the insurance company, the more likely they are to try and work with you on getting your car declared totalled. The best thing you can do is make contact with the adjuster that is going to look at your car and say that you really think it is totalled and that you really want him/her to agree with you. You could also get a mechanic to look at it for you to give you an opinion that it is totalled that you could present to the insurance adjuster to show that you have good cause to believe that the car is totalled.

In regard to the diminution in value of the car after the collision, this would only come into play if they don't total the car. If they choose to repair the vehicle only, then you could also make a claim for the diminished value of the car. However, they may simply refuse the claim, in which case you would have to contest it by hiring a car valuation expert to provide you with an opinion as to the diminished value of the car. These opinions usually cost around $300-$500.
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Customer reply replied 5 years ago
ok so the best thing to do is talk to a mechanic and try my hardest to get this thing totaled. could i also say that ill get a JAG officer?(navy laywer) involved if they fight it and fight it? i'm just trying to get all the tips to get this thing totaled if its not. so if it were considered totaled and GAP paid it off, what would the other driver's insurance be intitled to pay?
Customer reply replied 5 years ago
Relist: Incomplete answer.
In regard to the JAG lawyer getting involved for you, it would be up to the JAG attorney in the end. However, if the wreck did not happen on base, then a JAG attorney may not have any legal responsibility to help you. An attorney contacting the insurance carrier and disputing their finding will only go so far. If it really is debatable whether or not the car is totalled, the best thing you can do is have a mechanic's opinion on it (get it in writing so you can send to the adjuster).

In regard to GAP, you misunderstand the coverage. If the drunk driver has insurance and the car is totalled, the other insurance company will pay you the fair market value of the vehicle. If this amount is less than what you still owe on your payments, the GAP insurance will pay the remainder.
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Customer reply replied 5 years ago
ohh ok. thank you so much for you help and patience. it is greatly appreciated.
You are welcome. My pleasure to help you.

You may be asked to rate my answer. Please understand that my goal here is to provide you with the best service possible and to answer your question thoroughly. If you give me a negative rating, then the website will not pay me for the work done on your question and will retain all the money you have paid. If you are not satisfied with my answer, please let me know so that I have the opportunity to make sure you get a correct answer and that I have a chance to earn a living. I will work hard to make sure you are satisfied with this service so you feel justified in rating my answer positively.

Best of Luck,
ZDN
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
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