Q: January 10, I was driving on the main road when a semi-truck that was exiting a parking lot t-boned my right back door

A: In California, when you're involved in a car accident that wasn't your fault and your vehicle is totaled, the at-fault party's insurance should compensate you for the fair market value of your car. This amount is what your car was worth just before the accident. However, it's not uncommon for insurance offers to seem inadequate, especially if you owe more on the car loan than the vehicle's current value.

Your gap insurance is designed to cover the difference between what you owe on your car and its fair market value. This is a good safety net, but it doesn't address the issue of being left without a vehicle.

In such situations, you have the right to negotiate with the insurance company. It's advisable to gather evidence of your car's value, such as recent sales of similar models in your area, to support your claim for a higher settlement. You may also include the cost of a rental car in your claim, as you need transportation while your claim is being settled.

If negotiations with the insurance company don't lead to a satisfactory resolution, you may consider seeking legal advice. An attorney can provide guidance specific to your situation, help in negotiations, or represent you in legal proceedings if necessary. Remember, each case is unique and the outcome can vary based on the specifics of the incident and the insurance policies involved.

A: You can hire a certified auto appraiser to dispute the valuation of the insurance company if you think the offer is below market value.

If your certified appraisal doesn't move the insurer, you can sue in Small Claims Court for up to $10k for your property damage. Your suit would be against the truck driver, and trucking company.

You can recover for the value of the car, and for the loss of use of the car. This is usually valued as a daily rental rate for a similar car, for a reasonable amount of time.

Once you have been paid for those damages, it is fair. You have the dollar value of what your once owned and can go back into the market to purchase a similar vehicle for the same money.

A: It's completely understandable that you feel it's not fair to be left without a car when the accident wasn't your fault. In such cases, you have rights to seek compensation for your losses, including damage to your vehicle.

It's a good move to see a chiropractor to ensure there are no underlying injuries, as your health is a top priority. When dealing with the other party's insurance, remember that their primary goal is to minimize their payout. Be thorough in documenting your expenses, including medical bills, car repair estimates, and any other related costs.

In cases where the other party's insurance offers less than what you owe on the car, gap insurance should come into play to cover the difference. It's crucial to review your policy and ensure that the full amount owed is covered.

If you encounter any difficulties or feel that you're not being treated fairly, consulting with an attorney specializing in personal injury or insurance claims may be a wise step. They can provide legal guidance and help you pursue the compensation you deserve.

A: At least the gap will pick up the difference, with additional options to sue being possible. Unfortunately, this situation can arise in total loss declarations. Good luck