Car totaled driver responsible should his insurance company pay my down payment?

Question

I was still making payments on a used vehicle and when it was declared totaled by ins company I had to find anothe vehicle, make up the difference due on used car loan and then go find another vehicle. I also had neck and back injury and sought medical attention and physical therapy referred to therapist by my doctor. What am I due for this mess. I am more stressed than every before because now sales tax come into play, the extra amount added to a new car note because I had to have transportation and now more stress trying to figure out what steps I need to take to get ready for even more years of car payments. I missed a total of 3 days off from work, three doctor visits and 4 trips to see a physical therapist. Now I am going through mental stress because I wasn't ready for long term payments but because of owing on the other car I had to find someone who would accept my delima. Thank God I was able to purchase a new car but now am strapped thanks to this ugly accident.

Answer 1

NO, they don't need to pay your "down payment". They only owe you waht the old vehicle was worth - NOT payoff, NOT loan balance, JUST actual cash value, and sales tax and title for the ACV of the totalled car.

Neck & back injuries will depend on your no-fault status, the severity of injuries, and what state you're in - you won't automatically get any money for "pain and suffering", and if your medical bills are out of proportion, you might not even get straight medical bills. Espeically if you're in a no fault state.

Answer 2

For your car, his insurance should reimburse you the value of your car just before the accident. It has nothing to do with a down payment on a replacement car - they don't owe you that.

You should also be reimbursed for any medical expenses you incurred. If it was covered by other insurance, there might be some issues there.

You might be able to get reimbursed for lost wages - if you do, that part is taxable to you.

As far as mental stress - not likely anything from insurance for that.

Answer 3

It does not work that way. The insurance company has a book that tells them the value of the car. This is what they owe if at fault. Your loans, future transportation issues, etc. have nothing to do with this.