Official TN Member
Join Date: Aug 2018
Location: Northern NJ
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My uneducated opinion is also that it's totaled. The crumple zone in the rear is compromised and it's not as simple as just pulling it out.
About GAP insurance: I don't believe it matters who is at fault for it to kick in. If you are upside down on the loan, it is not the other party's responsibility to pay off your loan for you. It is their responsibility to make you whole -- that is, to give you enough money to buy the exact same vehicle again on the open market. If your car's market value is $12K but you owe $16K, they only need to give you $12K because you can buy the same car for $12K. You were $4K upside down before, you remain $4K upside down now.
If you had GAP insurance in this scenario, regardless of fault, the GAP coverage would kick in and cover the $4K. Technically, you would have "made" $4K from this transaction.
If you don't have GAP insurance, fight for a high valuation for your totaled car. Don't settle for a price you're not pleased with. Market price is not fixed -- the range of prices can help you. Fight for dealer retail value PLUS dealer documentation fees, taxes, registration, plates, new car inspection fees, you name it. You ARE entitled to this -- these are costs you will need to pay to replace your current car.
2001 Camry LE 2.2L, Black, 146K as of 7/19
Bought 10/16 with 131K
2001 Camry LE 2.2L, Lunar Mist Metallic, 97K as of 7/19
Bought 6/01 brand new