A friend totaled my car, I am getting less than I paid for the car and she won't even pay the deductible

First, I'm sorry to hear about your recent car accident. I would strongly suggest that you reach out to a personal injury attorney near you to discuss your options. However, here are my thoughts: 1. Your friend is personally responsible for your deductible. You may want to contact her automobile insurance company or her father's insurance carrier. They may be able to reimburse you for your deductible. However, I would suggest obtaining the information and then passing along to your carrier. Your insurance carrier may then do all the heavy lifting on your behalf. 2. Your friend is also responsible for your lost wages. However, you might be able to obtain 60% ofyour lost wages ($300.00) through your automobile insurance carrier under your Personal Injury Protection benefits. Call your insurance company to see if they will agree to pay for those lost wages. If your friend was covered under an automobile insurance policy, it is possible that the policy provides liability insurance coverage, which would cover the difference. 3. Regarding your vehicle. Make sure that you are receiving the fair market value of your vehicle plus the cost to transfer your tag, tax and title. I always recommend that my client research their car value on Kelly Blue Book, NADA, and Ebay. I would also recommend obtaining a letter from the car company that sold your vehicle. They would be in a prime position to quote a fair market value of your vehicle at the time of the accident. I wish you the best of luck! But, go talk to an attorney about all of these issues.

Contact a local personal injury attorney for a free consultation. Most of us do that and work off a contingency fee basis. More information is needed, like who her carrier may be, has liability been denied, do you have any physical injuries, etc.

I agree with the previous answers and just because the insurance is offering less doesn't mean you should take it. Get a few advertisements for the same make, model and year and make the insurance pay what it will cost to get another car like your old one. Then sue your friend for the deductible in small claims court. Or get a lawyer to help with all the above. Good Luck

Your insurance company should go after her for reimbursement and the deductible. If they get it they will refund it to you.

Is the reason you had a week or so of lost wages because you were injured? If so, consult a local personal injury attorney for legal assistance.

Unfortunately, accidents involving friends is always quandary. Sometimes, friendships are broken over incidents like this. However, the reality is, you suffered damages as a result of your friend's negligence. If you are trying to save the friendship first, try to explain to the family that because of the significance to the damage of the vehicle, they will not repair it and therefore you have to replace it. If you have not accepted the check yet, if you want to, you can have the friend's family repair the vehicle on their own dime in the alternative but you will have to understand that you will not be able to easily re-sell that vehicle should you ever want to once it is totaled because title will be a problem. If this is not doable or desirable then.... With respect to your property damage claim, the right thing for her or her family to have done would have been to make sure, either via their own insurance or from their own pockets, make sure that you did not have to pay anything out of pocket. (I would only regress from that statement if the reason she was driving the vehicle was because you were too impaired to drive or something of similar nature -- I am not assuming that, but it should be mentioned.) Notably, so long as your friends is licensed and an insured driver, her carrier should be willing to pay the deductible, a matter which your insurance company should be able to work out with her carrier. With respect to your lost wages, you never stated if you were injured? If you were, then your PIP/NO Fault coverage would first come into play followed by her bodily injury coverage provided she has any. If not, then, if you have it, uninsured motorist (or underinsured motorist if her coverage is existent but insufficient) would come into play. PIP pays medicals at 80% and lost wages at 60%. Her carrier would be liable for the rest and any other damages that come into play. If your friend has no coverage, then you have to decide if you want to sue her family or not and then an attorney would have to be willing to take a case without insurance coverage which most attorneys are not unless the circumstances warrant it.

Have one of the above Florida lawyers investigate

The driver of your car is covered under your liability insurance.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on .com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on .com. Legal Disclaimer: If this information has been helpful, please indicate below. 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 ensure proper advice is received.