How can I make full claim of my car after a car crashed me sending my car to hit the divider and overturn.?

Question

The car travelling behind me did not see all the cars in front were stopping. It was not even a jam brake but a gradual slow down. He came behind me in full speed and tried to swerve, but hit the back corner of my car, sending me crashing against the center divider. The impact was so great that my car over-turn and was totally wrecked and had to write off! I just want to claim back my initial $3K downpayment so that I can quickly buy my next car as I'm in sales line and always on the road. Any advise? The other party has agreed to claim liability for my accident. If I sue the other party for negligence driving will it help my claim? I understand that write off, insurance will only cover the loss difference based on current market value, but I want back my downpayment to start buying a new car all over again! I really don't know how to go about it.

Answer 1

You will never get the down payment back.  You will be offered the Actual Cash Value for the vehicle.  If you owe more than the the ACV, you will be responsible for that as well, unless you have GAP coverage.  

Since your vehicle is undrivable, just call the other party and ask for a rental vehicle while the settlement is still pending.  It shouldn't take that long to resolve this simple property damage claim.  

Suing is not going to get you anywhere.

Answer 2

they will just pay the car off you will not make any money off it unless the car books for more than you owe and most the time they dont unless you owne it . and yes they have to setal with you on pain and suffering and lost time at work and inconvienince just tell them i want 4000 and let them talk you down to 3500 it will be fast you can get 5000 if you want they have to pay you what you want have hade it hapen to me and ive donr it three times less i ever settaled for was 2500 and the guy just bumped me you can get 50000 easy just call them and tell them you want to get this took care of your missing work and they will have to pay you what ever loss time you have tell them what you want and they will setal three weeks tops

Answer 3

You are not owed the down payment plus the current market value of the car.  

Then you would end up getting paid more than the car is worth - that puts you in a better position after the loss than before. No court is going to do that.

The other driver (or their insurance on their behalf) only owes you the market value of your car. What you could have reasonably sold it for prior to the loss given it's age, mileage, condition, options.  

When you purchased the car -the down payment was considered in the value of the car. If you paid too much for the car---- that's your fault.

But even if you paid fair market value on the car when you bought it......cars depreciate. So you end up losing that money as the car's value decreases.

If you want to file a claim -- call his insurance company and report the loss to them. They will walk you through the process.

Answer 4

Their not responsible to reimburse you for down payments.  Most insurance policies state they will pay 'actual cash value' only.  In essence, your already suing for negligence!!

They don't have to pay you for pain & suffering unless you were injured in the accident.  Insurance companies offer a 'general damages' settlement when there's no injury.  An offer to appease the victim.