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I was recently rear-ended and the car was flipped and likely totaled - I have not heard from the adjuster yet. I am upside-down on my loan (owe more than the local market value). The other guy's insurance is settling for my vehicle. They are also paying for me to have a rental until the claim is settled. Am I required to accept their offer for my vehicle? (I know for a fact that it will not be enough to pay off my loan).NOTE: I am injured, but not seriously enough for me to get compensated for pain and suffering (I have limited tort). My desire is to keep them paying for my rental vehicle or to get a better offer for the settlement. ($23 a day adds up real quick!).

To settle your claim you will have to hear from and respond to the other party's insurance claim adjuster. Once you do hear from the adjuster you can negotiate with him or her until the settlement is what you find to be fair. There is probably some state law that regulates the time period you and the insurance company have to settle the claim. The insurance company might have a limit, in terms of money or time, regarding the rental car so if the settlement does take a long time, make sure that they will continue to pay for the rental car.

If you have purchased GAP insurance that would cover you for the difference between what is owed on your car and the actual cash value you will likely be paid if your car is deemed to be a total loss. This thus protects you in the early years of your lease or loan.

Negotiating An Insurance Claim Settlement is an article you might find of interest.

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car insurance comments You need to immediately hire an attorney. Do not talk to an adjuster without having an attorney. You will be getting ripped apart by their good hands.
Question Details
This car insurance question was asked on 12/8/2005
This auto insurance answer was last updated on 12/8/2005
Dave A requested this car insurance solution.
Rated 1 out of 10 based on 1 vote.
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