Legal Question in Insurance Law in California

my car got hit and its declared total loss. the person that hit me is not covered by insurance so the father took the fault and said he was driving the car. i bought the car for $18,000 and i am only recieving 11,000 and thats how much i owe to the financial loan. is this fair?


Asked on 5/20/15, 4:16 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

First thing to do is go to your own body shop/mechanic and see if your car is really unrepairable. Insurers like to total a car if the repair cost is around 70% of what it is worth. So maybe it is fixable and you can force a repair. Second thing, if it is not repairable, find out what your car is worth, Auto Trader, Kelly BlueBook, Car Max, etc. Maybe your insurer is low balling you. Just because they use a computerized third party company to value it does not mean you cannot show it is worth more. And if the father is insured make a claim against him. Sue the father and the person, they are liable separate from how much your own insurer will pay.

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Answered on 6/06/15, 12:24 pm


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