Barstow, CA asked in Personal Injury and Car Accidents for California

Q: What are my options?

Hello, I was in an accident on the 13th of August, 2018. Another driver ran a red light and hit the front right bumper of my car. At first glance, the car looked to have superficial, cosmetic damage. However, upon further inspection by the other driver's insurance, the car was declared a total loss. After the declaration, they are telling me that they will only pay what is owed on the car (about $14k) and gap insurance will take care of the excess, but after that, I have no car, no money for a replacement, and my car was my form of income so now I have no way to work towards getting another car. I missed a day of work because of the accident and am now paying for the rental out of pocket since they stop paying for it once they declared the car a total loss. Please advise.

2 Lawyer Answers

Dale S. Gribow

  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: More info needed

It sounds like u were not injured?

PI lawyers will handle cases like this on A contingency... when there is an injury and offer free consult

William John Light agrees with this answer

William John Light

  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: You are entitled to fair market value on the car, nothing more. If you were paying a loan on your car (since GAP insurance is paying for part of the loss), you can make a payment on a replacement car. It's your responsibility to mitigate your damages, so start looking. Your insurance (if you paid for rental coverage) or the at fault driver's insurance is responsible for rental car expense, usually up to the time that it resolves your property damage claim. Gather up your receipts and submit them to the at fault driver's insurer. Usually, you cannot recover income loss for a property damage claim.

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