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Parked car totaled, still owe more than it's worth — completely 100% not my fault. Help?

I'm honestly at a loss right now and could use some perspective from people who've been through something similar.

A few weeks ago a delivery van clipped my car while I was inside a store. My car was just sitting there in a legal parking spot, minding its own business. The driver didn't even stop immediately — a bystander flagged them down. So liability feels pretty clear-cut, right?

Here's the problem. My car got totaled in the collision. The insurance company for the delivery company came back with a payout offer based on "market value" — which is apparently way less than what I still owe on my loan. I'm talking about a gap of several thousand dollars. So even if I accept their offer, I'm left with:

  • No car
  • A loan balance I still have to pay on a car that no longer exists
  • No money to put toward a replacement

I've reached out to a few personal injury attorneys and they basically said the same thing — because I wasn't physically hurt, they don't have much incentive to take the case. I get that, but it still stings. I did nothing wrong and I'm the one getting squeezed.

I've been reading about something called "gap coverage" but I didn't have it on my policy. Apparently I should have — lesson painfully learned.

Does anyone know if there's any recourse here? Can I push back on the market value number they gave me? Is small claims court an option for the difference? Or am I just stuck eating this loss because the math doesn't work in my favor?

Feeling really defeated. Any advice or shared experiences welcome.

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