# Car is totaled, not my fault. Can I be compensated? **URL:** \ **Category:** Insurance\ **Created:** [September 12, 2022, 7:10pm UTC](https://forum.leasehackr.com/t/car-is-totaled-not-my-fault-can-i-be-compensated/431794 "2022-09-12T19:10:29Z")\ **Posts on this page:** 15\ **Page:** 1
**Author:** ![avry](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/avry/32/81434_2.png) [@avry](https://forum.leasehackr.com/u/avry)\ **Post date:** [September 12, 2022, 7:10pm UTC](https://forum.leasehackr.com/t/car-is-totaled-not-my-fault-can-i-be-compensated/431794/1 "2022-09-12T19:10:29Z")
Hi, I’m in an unfortunate situation and I need advice. I started leasing a car 10 months ago, with full intent to buy from the start I even told the guy at the dealership that. I put an exhaust on this car one week in, and over the months $6,000 in modifications. I got into an accident, wasn’t my fault whatsoever its stated in the police report & everything. I put $3.5k down on this car, and paid fees… etc. and I think that the insurance is only going to pay me for some of my modifications and then just to end my lease which doesn’t seem legally fair to me considering I was not at fault. I now have to pay all those fees again etc to get into a new car. Again, you can’t modify your vehicle it’s in the lease contract. I had full intent of purchasing. I feel like I should be compensated for some losses. (Car is totaled btw) What can I do in this situation? Do I just go after the at fault driver’s insurance? ---
**Author:** ![jeisensc](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/jeisensc/32/224821_2.png) [@jeisensc](https://forum.leasehackr.com/u/jeisensc)\ **Post date:** [September 12, 2022, 7:11pm UTC](https://forum.leasehackr.com/t/car-is-totaled-not-my-fault-can-i-be-compensated/431794/2 "2022-09-12T19:11:36Z")
Sorry for your loss but glad you weren’t injured. What is the mystery car? ---
**Author:** ![zaimer](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/zaimer/32/209153_2.png) [@zaimer](https://forum.leasehackr.com/u/zaimer)\ **Post date:** [September 12, 2022, 7:23pm UTC](https://forum.leasehackr.com/t/car-is-totaled-not-my-fault-can-i-be-compensated/431794/3 "2022-09-12T19:23:04Z")
Intent unfortunately is irrelevant when you enter a contractual agreement. Typically the fault of the accident is irrelevant, in this case, as well. I’m actually surprised that the insurance is paying for any of the modifications. ---
**Author:** ![Ursus](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/ursus/32/4944_2.png) [@Ursus](https://forum.leasehackr.com/u/Ursus)\ **Post date:** [September 12, 2022, 7:35pm UTC](https://forum.leasehackr.com/t/car-is-totaled-not-my-fault-can-i-be-compensated/431794/4 "2022-09-12T19:35:57Z")
BMW, of course 🙂 ---
**Author:** ![Qbrozen](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/qbrozen/32/40846_2.png) [@Qbrozen](https://forum.leasehackr.com/u/Qbrozen)\ **Post date:** [September 12, 2022, 7:40pm UTC](https://forum.leasehackr.com/t/car-is-totaled-not-my-fault-can-i-be-compensated/431794/5 "2022-09-12T19:40:33Z")
Buy the car back from insurance, take off the mods, then resell the carcass. Sell the mods separate, unless you plan on getting the same car again. ---
**Author:** ![buster11xx](https://leasehackr.b-cdn.net/letter_avatar/buster11xx/32/5_5575768a8748004e209b776fc1b2916d.png) [@buster11xx](https://forum.leasehackr.com/u/buster11xx)\ **Post date:** [September 12, 2022, 7:43pm UTC](https://forum.leasehackr.com/t/car-is-totaled-not-my-fault-can-i-be-compensated/431794/6 "2022-09-12T19:43:55Z")
The insurance company’s responsibility is to make you whole again after the accident. If that amount is over your payoff you will see a check (note- this also depends on the leasing company as they may keep overages as noted in several posts here). If it is not you probably have a gap insurance plan that came with the lease to payoff any shortages. Other than that you are on your own. If you have not done this yet look for similar vehicles for sale in your area. The settlement should be enough to buy a very similar vehicle. The other route some adjusters will go with is MSRP- less current rebates- less miles used. Just know the first offer is not the only offer. It may take some work, but you could potentially come out a little ahead. ---
**Author:** ![boozinix](https://leasehackr.b-cdn.net/letter_avatar/boozinix/32/5_5575768a8748004e209b776fc1b2916d.png) [@boozinix](https://forum.leasehackr.com/u/boozinix)\ **Post date:** [September 12, 2022, 8:10pm UTC](https://forum.leasehackr.com/t/car-is-totaled-not-my-fault-can-i-be-compensated/431794/7 "2022-09-12T20:10:52Z")
> [@buster11xx](#): > > The settlement should be enough to buy a very similar vehicle Does this also include sales taxes and reg fees etc? Suppose I buy a car with cash for 20k. Taxes and fees, total OTD is $23k. I drive 10 mins later, someone totals it? Would that insurance pay me $23k, as the cost to make me whole again, or would they pay me $19k in case since now that is the market value of the car? ---
**Author:** ![AP919](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/ap919/32/28802_2.png) [@AP919](https://forum.leasehackr.com/u/AP919)\ **Post date:** [September 12, 2022, 8:17pm UTC](https://forum.leasehackr.com/t/car-is-totaled-not-my-fault-can-i-be-compensated/431794/8 "2022-09-12T20:17:32Z")
It depends. I had a customer recently drive over something small on a highway, i.e. couldn’t see it, and there was significant undercarriage damage to his M3. The estimate to total it did include sales tax. They pegged a $79,000-ish M3 base at $95,000 after taxes. ---
**Author:** ![buster11xx](https://leasehackr.b-cdn.net/letter_avatar/buster11xx/32/5_5575768a8748004e209b776fc1b2916d.png) [@buster11xx](https://forum.leasehackr.com/u/buster11xx)\ **Post date:** [September 12, 2022, 8:27pm UTC](https://forum.leasehackr.com/t/car-is-totaled-not-my-fault-can-i-be-compensated/431794/9 "2022-09-12T20:27:12Z")
Where I live you would get the cost of the car plus TT&L (you should be able to take your settlement and replace the vehicle). This could be different in other areas with different laws/customs. ---
**Author:** ![max\_g](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/max_g/32/9426_2.png) [@max\_g](https://forum.leasehackr.com/u/max_g)\ **Post date:** [September 12, 2022, 9:40pm UTC](https://forum.leasehackr.com/t/car-is-totaled-not-my-fault-can-i-be-compensated/431794/10 "2022-09-12T21:40:30Z")
> [@buster11xx](#): > > The insurance company’s responsibility is to make you whole again after the accident. The insurer will make the owner “whole” again which is the lessor in this case. What claims a lessee has … who knows. It’s been debated ad nauseum in every single such thread and never been resolved. OP won’t get an answer on the internet. Talk to a qualified attorney in your state. ---
**Author:** ![max\_g](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/max_g/32/9426_2.png) [@max\_g](https://forum.leasehackr.com/u/max_g)\ **Post date:** [September 12, 2022, 9:41pm UTC](https://forum.leasehackr.com/t/car-is-totaled-not-my-fault-can-i-be-compensated/431794/11 "2022-09-12T21:41:01Z")
> [@buster11xx](#): > > Where I live you would get the cost of the car plus TT&L …if you owned the vehicle. ---
**Author:** ![wam22](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/wam22/32/117390_2.png) [@wam22](https://forum.leasehackr.com/u/wam22)\ **Post date:** [September 12, 2022, 9:42pm UTC](https://forum.leasehackr.com/t/car-is-totaled-not-my-fault-can-i-be-compensated/431794/12 "2022-09-12T21:42:05Z")
> [@avry](#): > > I think that the insurance is only going to pay me for some of my modifications and then just to end my lease > [@avry](#): > > What can I do in this situation? Do I just go after the at fault driver’s insurance? Your insurance company should already be in contact with their insurance (assuming it is a different company) to get the damage settled. If you want any further help in terms of compensation, you should contact a lawyer in your area and not contact the insurance company anymore. I also assume your neck and back are pretty stiff after an accident that totals your car. ---
**Author:** ![max\_g](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/max_g/32/9426_2.png) [@max\_g](https://forum.leasehackr.com/u/max_g)\ **Post date:** [September 12, 2022, 9:49pm UTC](https://forum.leasehackr.com/t/car-is-totaled-not-my-fault-can-i-be-compensated/431794/13 "2022-09-12T21:49:48Z")
> [@wam22](#): > > also assume your neck and back are pretty stiff after an accident that totals your car. There’s no need to make up medical claims just because you lost whatever mods you put on your car, if that’s what you’re suggesting. OP learned a lesson here. Don’t mod a car you don’t own. Your intent means nothing here. You either owned it or didn’t. ---
**Author:** ![wam22](https://leasehackr.b-cdn.net/user_avatar/forum.leasehackr.com/wam22/32/117390_2.png) [@wam22](https://forum.leasehackr.com/u/wam22)\ **Post date:** [September 12, 2022, 9:57pm UTC](https://forum.leasehackr.com/t/car-is-totaled-not-my-fault-can-i-be-compensated/431794/14 "2022-09-12T21:57:02Z")
> [@max\_g](#): > > OP learned a lesson here. Don’t mod a car you don’t own. Your intent means nothing here. You either owned it or didn’t. Whether you own it or not is irrelevant to the modifications. The insurance is not going to pay for them unless you select that coverage, assuming they offer it. He would be out $6k for them if he had the title or the bank did. His only chance of getting anything extra is having a lawyer sue to offending party or their insurance. ---
**Author:** ![cruiserchuck](https://leasehackr.b-cdn.net/letter_avatar/cruiserchuck/32/5_5575768a8748004e209b776fc1b2916d.png) [@cruiserchuck](https://forum.leasehackr.com/u/cruiserchuck)\ **Post date:** [September 12, 2022, 10:29pm UTC](https://forum.leasehackr.com/t/car-is-totaled-not-my-fault-can-i-be-compensated/431794/15 "2022-09-12T22:29:55Z")
> [@wam22](#): > > I also assume your neck and back are pretty stiff after an accident that totals your car. Many years ago I represented my wife twice in lawsuits after she was rear ended and had back and neck pain. The first time she was treated by a chiropractor, and we got almost nothing in settlement. The second time she went to an MD, who sent her to physical therapy. I negotiated a 25k settlement in that case for her medical issues.