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Totaled car, options?

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joephys73

Junior Member
What is the name of your state: GA.

Going straight though an intersection, a left-turning pickup front-ended my girlfriend's car. Insurance totaled it. They said the ACV is ~$19,000 (which seems slightly low, but not too far off). She owes ~$23,500 but has GAP insurance, so not much worry there. The damages hardly appear as though they would cost $10,000 to fix, but I'm not an insurance adjuster.

Here's the problem: since getting the car two years ago her financial situation has deteriorated (read: no down payment for a new car and a low credit score). Getting into a replacement car is going to very difficult and said replacement will most likely be of much lesser quality (and safety). Personally I would call it a blessing in disguise - instant debt elimination and lower monthly expenses, but we're not talking about me here.

The insurance company (which is the same as the other driver's) offered $1,000 for 'pain an suffering'. While her injuries were minor, she is in fragile health and now depressed and stressing over the whole situation (with a suppressed immune system the stress could have negative heath implications in the long-run).

Don't mis-interpret that last paragraph, she's not wanting to be opportunistic and does not want to hire an attorney and win a huge settlement, she simply wishes to be made whole again, i.e., have the ability to get back into a similar vehicle.

The way I see it, she can try to get insurance to repair the car (which would be the outcome she would be most happy with), but from what I understand this is a long shot; or she can try to negotiate for a larger 'pain and suffering' settlement. But outside of these options is there any recourse to achieve the goal of being able to dive a safe an reliable car again? I'm talking about modest help with a down payment, nothing outrageous or predatory.What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
...she simply wishes to be made whole again, i.e., have the ability to get back into a similar vehicle.

What you describe would leave her better off than she was before...
It's not the other person's fault that her credit is bad and she can't get a car loan...
 

ecmst12

Senior Member
She should take your advice and appreciate the opportunity to find herself with a lower car payment.
 

Fialka

Junior Member
She should take your advice and appreciate the opportunity to find herself with a lower car payment.

I very agree with you ecmst12 and thank you for your answer in my thread.

Just my example to author of this thread.

My car also was totaled on intersection. I also was going straight and a left-turning pickup also hit me, but in back door. I had my sedan in perfect driving condition, with very economical miles/galon, and even nothing was wrong with shape of my car, even though it was about 7 years old. I felt safe 100% in my car. Pickup insurance also told me that the damages would cost $10,000 to fix. Although your girlfriend got from insurance 19,000 vs 23,500, I got only 4,400 vs 8,000. So what can I get for my 4,400 insurance money and fill safe in it and what can get your girlfriend for 19,000 + that 1,000 = 20,000 and fill safe in it?
 

ecmst12

Senior Member
The owner of this car is actually getting nothing in her pocket for her car, but that's because she owed more then it was actually worth, and that has nothing to do with the accident itself, so there is nothing to be done about it.
 

joephys73

Junior Member
That's what I figured; just want to make sure all the bases are covered before she signs anything from the insurance company. From what I've seen they are being very reasonable with their ACV and cash payment.

Now, regarding this same incident... I had her get a copy of her GAP policy and was surprised to see that it is written to only cover the purchased car, excluding the negative equity wrapped into the loan. I've always heard that if you rollover negative equity GAP insurance is a must.

No need to explain to me that GAP still has some benefit in this situation, but is it common for GAP to not cover rolled-over balances contrary to what seems to be popular belief?
 

joephys73

Junior Member
I'm pretty sure this is always how Gap policies are written.

Yup, that's what my research is showing now. Those finance managers have a slick pitch though, just goes to reinforce: read what you sign.

In our case that GAP is proving to be of very little benefit since the car held it's value so well.

Live... learn... live better.

Thanks for the input everyone.
 

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