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Can I sue for the remaining balance for the loan of a car that was totaled in an accident?

Question: I was rear-ended by an SUV last year. The collision pushed my car into the car in front of me. That driver (the one in front) is saying that he thinks that I hit his car first, then I was hit, even though the police report does not reflect that nor was I issued a ticket. The driver of the car that hit me has AAA insurance. AAA is arguing that they are not 100% liable based solely on this one person’s hypothesis, thereby blatantly ignoring the legal documentation. My car was totaled by the accident, but I still owe a substantial amount on it. Can I sue for the remaining balance since I now have to buy a new car? I cannot afford two car payments, and this woman’s negligence and her insurance company’s fraudulent practices have cost me so much already.

Answer: You need to contact an attorney of your own to represent you in these multiple insurance claims, especially, in case you do not have collision coverage of your own. In that event, regardless of fault, you should get the value of your car from a combination of these sources. I would also consider starting out by attacking the insurer for the car in front and aggressively indicate that if they think you hit them first, then maybe you need to claim that they were the cause of the whole accident for suddenly stopping. They need to be put on the defensive for trying to help the last driver’s case. It may be that they are trying to do this to get at your insurance, because the last driver’s policy is insufficient to pay for all of the claims. You need representation to avoid being taken advantage of. You can also make an argument to the insurance companies and the financing company to either accept the value of the car as payment in full on the loan, or get the carrier to accept the loan amount as the value. I would not agree to anything until you get representation, and look in to all these possibilities.

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