Ask an Attorney a Question for FREE!

How will the insurance pay if Car is totaled?

by Marlon

I've bought my new car last Jan 10, 2009 an Infiniti EX 35 and I was hit by a truck last Feb 10, 2009 (I was able to use it for just 3weeks or less, it was not my fault) my question is, the insurance already declared my car as totaled and was saying that they gona pay me, the sticker price was 43,000 plus my 5k for tax,registration the total for the whole car was 48k..

If they're going to pay me will they include my 5k and not only based it on the current value of the car? 'Cause if I want to buy the same car I'll be paying again this kind of amount as my downpayment.

Can someone help me to understand this things? Thanks.


Hello Marlon,

The vehicle will be paid in actual cash value terms (fair market value), which will be close to what you paid, mines the original depreciation for the three weeks (can be 10% or more, depending on your state).

The fees for registration and tax should be included in any settlement, if you can show that you indeed paid them. If there is any difference between what you paid and what you receive in settlement, you have to contact your GAP insurance carrier.

For questions about this process, contact your insurance adjuster or the adjuster of the person that hit you. They have a duty to explain this process to you in your terms so you understand exactly what is going on.

You can also visit:

For more information about total loss.

Click here to post comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Got Questions?.

Please see more answers to recent personal injury and auto accident questions below:

For a Free Review of Your Case
Please Call (866) 878-2432