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Depending on the insurance company negotiations, you may be paid only blue book value. Before you accept that amount, be sure you remove any upgraded radios, and so on that you can use in the future. Unfortunately, if you are "upside down" on your loan, and you don't have a rider on your insurance to make up that amount, you are responsible for that loan amount. You may have a civil case against the other driver to make up the amount that you owe, but it is not a certainty.

AnswerTechnically, yes. But you could hire an independent arbitrator to quibble with your insurance provider.
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Q: If you were rear ended in an accident your car was totaled then taken away the other party admitted fault immediately but what you owe on the car is more than book value do they only have to give that?
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