My car was totaled, and I had no fault because I wasnt driving my car was parked and now I have to pay 4,2000 out of my pocket?

As I am licensed in Florida and Vermont, I cannot offer you specific legal advice as to Illinois state law. However, generally, a person who damages your automobile is only liable to pay you the retail value of your vehicle on the date it was destroyed, based on its age, make, mileage, condition etc.

The way to protect yourself in this type of situation, when you buy a new or used vehicle, is to purchase what is called a gap insurance. Gap insurance pays the difference between the retail value of your destroyed car and any amount you may still owe on the financing at the time it is destroyed. Your insurance agent should be able to provide you with this type coverage and, in some instances, gap insurance is obtainable through the dealership were you buy your car.