I was not at fault in a car accident. My car was totaled. Do I have any recourse to go after the person at fault?

May

No. In the eyes of the law, you have already been made whole. Read the settlement document that you most surely signed when you settled. It will say words to the effect that you cannot collect again. The matter is forever dead.

Anonymous

Nope...you already settled

AlCapone

You can't collect twice for the same accident. Your insurance paid for your old car by paying off your lender. That's it. That's all you get.

A Hunch

No. You are entitled to be in the same position you were before an accident. Before the accident, you had a car worth $X, after the accident you had cash worth $X. If you were eligible to receive additional money towards a new car, you would be in a better position than before the accident $X + $Y. It does not matter that some of this went to pay for a car that had a loan on it and you got no money in your pocket. That's your choice for driving a car with a high loan on it. - I know if feels unfair when before the accident you had a car to drive and now you don't. but it's really not unfair.

A.J.

You accepted the results of arbitration. Your loan gets paid first. You got whatever was left. The time for this was before arbitration. That is a problem of buying a car with a loan. Your equity in the car was minimal. In non-injury, with no pain and suffering or other expenses, you can only get the value of the car you had, and loan paid first.

StephenWeinstein

No. They are only responsible for paying what your car was worth -- either with their own money or by having their insurance pay. Between the $1000 that you've gotten and whatever it cost to make your insurance carrier whole, they and their insurance have already paid all that they have to pay.

Obi Wan Knievel

Nope, you can't be compensated twice for the same loss. When your car is totalled, you get compensated for the actual cash value and that's it. The other vehicle owner isn't responsible for the outstanding balance on your loan, and neither is any insurance company. If you had GAP insurance, it would have covered the difference between the vehicle's value and the remaining balance on your loan. Since you didn't buy GAP coverage, you agreed that you'd personally cover that if a total loss happened. You can't un-agree to it now.

Edna

No, you can't. You went to arbitration court and you were awarded $1000 to cover your deductible. When you accepted the $1000, your claim was settled. That was the end of it, and everybody was happy. You can't go back now and ask for more money to help pay for another car - the well has run dry.

Anonymous

I don't know - I can't see the agreement you signed. That agreement is a contract. What does it say about "going after the person at fault" in a separate action?

Not

oups that was me

Bill

You are entitled to the fair market value of the car. Your loan balance is irrelevant, unless you have insurance that guarantees paying your loan off in this situation.

KaleyK

Need more information. Was your car repaired? Was your car totaled? If your car was repaired to pre-crash condition, then you have been compensated for damages and there is nothing to pursue. If your car was totaled, the at-fault insurance company is required to pay you the fair market value of the vehicle. The insurance company is not going to pay "what you owe" for the vehicle; they are obligated to pay the fair market value. If you owed more than the car is worth, that's on you. About the only thing you might pursue is if you think the fair market value compensation is inadequate.

Martyn

just look at yahoo complaint mails