My car was totaled by someone while parked. Is the driver at fault resp. for other expenses assoc. with accdnt

Question:
we're trying to find out if he's responsible for the car being towed, my deductible, and the gap between what my car was worth and what it costs to replace it

Answers:

Car ownership?

Yes. The negligent driver is responsible, or his insurance co. As far as the gap, there should be no gap. You will get the value of your car which you will be able to replace with like kind what you had. If you mean that you owe more on the loan than the car is worth, then no he is not responsible for that gap.

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While I'm here I should correct BlueWolf's answer #4 " If you do not have collision on your policy and he does, then you have to jump through hoops to get stuff moving." His collision coverage has nothing to do with your car. His liability coverage pays for your damage and it could be that his ins. co. is waiting on a police report or many other reasons. It's in his insurance company's best interest to get on the claim as soon as possible and get it settled. And you said " Your insurance company will not help because you didn't have collision coverage and, therefore, are not entitled to their support" If you don't have coverage on a loss then there is no claim for your insurance co to handle. In a sense there is no claim regarding your own insurance. What do you want them to support?
#5 you said "They other driver's car insurance (Affirmative insurance) refuse to pay any bills until I sign on the dotted line to forever never pursue this claim again. They sent me a check for $1400 on a car that will take $6000 to replace." That would be for injuries portion only. They will pay one lump some at the end. Insurance co's have no interest in becoming a bill paying service. The $1400 you got is the property damage portion. You got $1400 because your car was worth probably $1400. Everybody thinks their 1972 Pintos are worth $6000. Will you buy my Pinto for $6000?
And you said in #8 "Why is the world so full of idiots?!!" Have you looked in the mirror recently?

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Yes.

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Actually you shouldn't have a deductible. His insurance should be paying for everything towing, car rental. However, you are only entitled to receive blue book value for your car not money to get a new car replacement.

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If the other driver was at fault then that driver (or more likely their insurance) is responsible for the cost of towing. You shouldn't have to pay your deductible at all. They will have to pay you the current value of your car. When you purchase another car, if it costs more then that, you are responsible for that.

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If he is at fault, he is responsible for the worth of your car at the time of loss, adjusted for condition. Not replacement value. Not what you owed on it not covered if anything (that's what GAP insurance is for). If your car was ordered towed by the police, he is probably responsible. If they total it they will probably pick it up at the impound yard and pay the wrecker service when they do.

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the person who hit you is responsible to pay for the towing and what ur car was worth if his or her insurance does not pay out, ur insurance may pay towing but you are responsible for YOUR deductible, you usually get it back anyways, and you are responsible for buying your new car you only get paid the worth no gap sorry

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He is not responsible for the "gap coverage", you should have been carrying that yourself, to protect yourself from this situation. You can probably make him pay for the tow, but not your deductible. Hopefully, there will be enough to pay off your loan, otherwise, it sucks to have to pay for something you don't even have anymore.

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1. Yes, he is responsible for towing, etc.
2. Actually-his insurance company, that is.
3. If you have collision coverage, then your company will take care of damage or pay you a check for it and then sue the other guy's insurance company for reimbursement.
4. If you do not have collision on your policy and he does, then you have to jump through hoops to get stuff moving. Your insurance company will not help because you didn't have collision coverage and, therefore, are not entitled to their support (this has been my experience with Farmers Ins).
5. My car was totalled in an accident in December when a guy made an illegal turn against oncoming traffic, against the stop light and crossing 2 sets of double yellow lines and slamming into me--sheesh!. They other driver's car insurance (Affirmative insurance) refuse to pay any bills until I sign on the dotted line to forever never pursue this claim again. They sent me a check for $1400 on a car that will take $6000 to replace. They have the option on this (read further below).
6. As for the gap, you may have had to sign somewhere for coverage on the car loan (if any) (car's worth/car's cost/loan amt).
7. If the other guy's insurance is taking care of the coverage, THEY can decide what to do---they DON'T have to pay you that gap! Contact your state's Dept of Insurance or look it up online. It outlines your rights and what the insurance should be doing. If all else fails, you can file a complaint.
8. Why is the world so full of idiots?!! It is people like us that have to pay the price for their stupidity! Good luck!

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He is responsible for REASONABLE towing & storage (you didn't just let your car sit in the tow yard accruing unnecessary storage fees), he is responsible for the actual cash value of your vehicle. If your car insurance settles your total loss, he would owe your deductible; if his insurance settles your total loss your deductible doesn't apply. He is not responsible for any GAP between the value of the vehicle and your loan balance, legally anyway. Morally, maybe.

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I hope this guy has insurance...there should be no deductible if his insurance covers the claim. Towing and a rental (at least until you are given an offer for settlement) should also be covered. Forget GAP. Even though the guy trashed your car it's not his fault that you made a bad deal. You will be offered ACV (actual cash value) of what your vehicle was worth prior to the loss.

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To answer your question short: Yes.. he is responsible for all above EXCEPT and thats a big EXCEPT: the difference between your cars value and what you owe. The fact that you owe more then your car is worth is no ones fault but your own: by law you ONLY get actual cash value of your car.. no if's ands, or butts.

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Now... are you going through your carrier? If so.. you will still have to pay your deductible. If you go through his carrier they will cover 100% of cost except the gap between your cars value. I cannot make it clear enough though: YOU WILL NOT GET MORE THEN YOUR CAR IS WORTH.. THATS NOT FAIR. If insurance paid to people how much was left on their loan people who made good financial decisions would be punished. Do you know theres people who put their credit card balance on car loans? What if the at fault party was responsible to always pay of car loans? do you think that is fair?
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