Sounds like you owe more than the car's worth. That's what the "gap" insurance is they're talking about. You still have to pay for the car, totalled or not so, when the insurance comes out with a settlement, you're going to have to put it toward paying off your wrecked '2k and if you owe more than the car's worth, you're going to have to come up with the difference.

I was under the impression that 2006's were available new for something in the 31K range here in Northern VA. Dealers are asking 34-35 for 2006 and 2007's but, that's not the out the door price.

 

The previous poster was correct--if you are 100% not at fault, even if you make a claim against your insurance your premiums will not rise (as long as you live in a state where they assign a percentage of fault to responsible parties). The reason you were dinged when you were in the parking lot accident is that traffic laws do not apply on private property (parking lots), and it is very difficult in most cases to prove who is at fault. So, most insurance companies would say you are 50% at fault in parking lot accidents, unless it is perfectly clear that one party is at fault.

Driving in an accident prone area has absolutely nothing to do with it. What they probably meant was, driving in a parking lot makes it more difficult to determine blame--so if you're in an accident in a parking lot, you're more likely to get partially charged than not. This is usually true no matter where you live.

 

You should be able to do better than what some are saying here. I totalled a 1987 Jetta GLI 1 yr to the day after I bought it. It had about 20K on it and was flawless. The insurance company ended up paying EXACTLY what I paid for the car. I just told them to find me a comparable used car for the figure they initially offered- they increased the offer after this. If your car only had 6K and is flawless- they should give you what ever it would take to buy a replacement in comparable condition and with similar miles(that is the TRUE value of the car right?). New 2006's are still plentiful and some used ones should be around as well. I also recommend going through your insurance if the other drivers company gives you any trouble. Remember you should not suffer because of someones elses negligence. Don't sign any medical releases too soon either- that concussion could make you some $$$ Good luck!

 

DEFINITELY get a personal injury lawyer. I know it sounds silly, especially given the tacky commercials on TV, but don't take your concussion lightly. If it results in memory loss over the long-term, that could impact your ability to earn in future years.

A high six-figure settlement to protect against this is not unheard of. No, I am not a lawyer but have retained one since being hit by a van on my motorcycle.

 

Another lesson to learn is ALWAYS keep a gap between you and the car in front of you and watch the rearview whenever you stop. I've avoided being hit a couple times by watching the people behind me and nailing the gas when they were coming too quickly. Once was a truck. He was on the brakes but, simply couldn't stop in time.

There's a fine line between compensation and fraud though.

 

You have a choice...

You can file with your comany and they will then subrogate against the at fault carrier. In that case you will incurr you deductible but should get that back from the other carrier through subrogation.

All this of course depends on what state you are in.

As for a total loss. If the car is considered a total loss either company owes you Actual Cash Value. Right now there is no NADA (not the consumer guide) value on that vehicle, if it is a 2006. They will likely have to do a market survey to determine the ACV.

Pm me if you have more questions. I work in the Insurance Industry and have been for the last 10 years. I also do ACV appraisals on custom vehicles.

James

 

Seeing how you are injured, I would get an attorney get what is rightfully yours... Just like some daytime ambulance chaser commercial. See a chiropractor immediately to prevent soft tissue damage incurred by the impact; even if you do not feel any pain at the moment.

 

Definitely go through your own company - they at least are working for you regarding the money - the other guy's company has no interest in paying your or getting you back in a car, and it will be a painful experience to deal with them.

 

I don't have any comment on your insurance issue, but I think you paid a little too much for your car and if you need to get a new one, you could get one for MUCH cheaper than 39k. You could probably get a brand new 06 for under 30k if you look hard enough. This is how much they are going for in socal which tends to be a hot market for convertibles. So this price is certainly attainable in almost any other market. Anyhow, good luck with this situation - hope you come out with what you deserve!

 

from my previous experience in my old integra, i never had collision and was hit twice. i went through the other person's insurance plan and never had a problem. both times i recieved my checks in 1-2 weeks. you just have to show them the police report and a claims adjuster comes down to your house, shop, or wherever the car is located. then they make a decision and pay you. you can go through either insurance plan as long as you have the police report. that is your evidence that it wasnt your fault.