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WA State Auto Accident Question Please help fast!!I was rear ended by a driver who was driving while he was working (company vehicle) His insurance company has now offered me a pay off for my totaled vehicle but its leaving me with a 4,000 dollar balance for my car loan..for example my loan balance is 16,000 and the car is worth 12,000 with tax and license. Am I legally right to ask for the total balance to be paid off by the insurance if so how would I go about asking, or now do I go after the company that hit me and wrecked my car because of his negligent driving. Btw i was rear ended at a stop light he was going 45 miles an hour. I talked to a lawyer but he did not really talk about suing the actual company for the remaining balance plus Pain and suffering. Please Help let me know my options
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OK Nice answers but since I can only get actual value for my car. CAN i sue the company for the remaining balance since they were responsible? since it is a company? Attorney answers (3)
Reputation Level 20
Answered over 2 years ago.
Lawsuit / Dispute Attorney in Chicago, IL.
When you have damages caused by the other driver's negligence, you are entitled to a full compensatory damages award. Do not settle short. See a WA personal injury lawyer right away. Sign nothing until you speak to an attorney that represents your interests.
You might find my Legal Guide helpful "How to Choose A Lawyer For You" http://www.avvo.com/legal-guides/ugc/how-to-cho... You might find my Legal Guide helpful " What Do I Tell My Lawyer" http://www.avvo.com/legal-guides/ugc/what-do-i-... You need a lawyer. Check with a lawyer in your locale to discuss more of the details. Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. 1 person marked this answer as good
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Reputation Level 20
Answered over 2 years ago.
Personal Injury Lawyer in Rutland, VT.
Unfortunately, you are not able to collect the difference between the value of your vehicle and the amount you still owe on your loan. The adverse driver is only responsible to pay you for the actual retail value of your vehicle on the date it was destroyed.
For future reference, any time you have a vehicle that is not worth the amount of your outstanding loan, you should purchase what is called "gap" insurance. This type of coverage pays you the difference between the retail value of your car and the amount outstanding on your loan. Legal Disclaimer: Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received. 
Reputation Level 10
Answered over 2 years ago.
Car / Auto Accident Lawyer in Seattle, WA.
Since you were rear-ended at a stop light, liability should not be an issue. The focus should be on the extent of your damages.
Your property damage claim is made separate from your bodily injury claim. Under Washington State law, you can only recover the "actual cash value" of your vehicle. For details on how "actual cash value" is determined, click on the link below. As for additional compensation, as the injured party, you may make a claim for your medical bills, out-of-pocket expenses & mileage to appointments, lost wages, pain & suffering and loss of enjoyment of life under the liability coverage. Getting a free consultation with another lawyer or two may be the best way to fully explore your options Related Questions1 Attorney answers: 
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