Legal Question in Personal Injury in California

Basically it is a wash. If the car can be fixed you can retain the car minus the salvage value get it fixed and keep on making the payments.Many times a car is deemed a constructive loss (damage exceeds value) but that does not mean it cannot be repaired.The decision to keep the car or give it up is entirely up to you.

Bruce is correct. You get diddly squat, but your car is paid off. Be happy. You may pound out the dents and live with a dented up car that is paid for.

Hopefully the insurance company will pay you the Blue Book value and it will be a wash. However most times insurance companies use these phoney valuation services that always come up surprisingly enough with a value that is far less than the Blue Book. Fight with them over it as the Blue Book has been and is the standard valuation tool in the auto industry for ages.

Another item of damage that you will be entitled to is loss of use of your car. That is the fair market value of use of the car while the car was being replaced. Most insurance companies when pressed will give you loss of use from the date of the collision to the time they make you an offer but sometimes you can squeeze a couple more days out of them. You could also get a rental, but be careful and don't get anything better than what you had or they won't pay for it. All they have to pay is for the rental of the car and not all the extra stuff like CDW gas etc. If you had an older car get the cheapest thing you can.

Good luck and hope that helps.