Legal Question in Personal Injury in Georgia

Insurance doesn't pay you the loan value on the car. It pays you the current value. Unless the car is worth more than $10,000 (check the NADA and Kelly Blue Book), you don't have a right to get paid more.

This is why people who finance cars always should buy gap insurance. Had you chosen such coverage, they would have taken care of things for you. If you choose to save money and not buy it then you accept the risk.

The issue is the value of the car or the damage to the car from the accident and not the loan balance. The insurance company is not responsible for the amount of money you borrowed.

You should look at the blue book value on the car. Unfortunately, you are entitled to the value of the car. If you owe more than the car's value, you will have to eat the difference.

Licensed in Georgia and practicing in Atlanta