You won't get anything suing the other driver. He is definitely 100% at fault, and he can't be found more at fault, so he has nothing else to give you. This is between you and insurance company.

You can try negotiating higher if you have not already accepted the money, but this is sadly common.

Anonymous wrote: I would negotiate a higher amount or get a lawyer to sue the other party and get it for you.

This

I'm really shocked at how many people don't know how insurance works.

Was the other driver uninsured? If not, this has nothing to do with your insurance. Claim on the other driver's insurance, and don't agree to anything until they pay you replacement value. You will probably also get a bit of "pain and suffering" money.

I had to pound the insurance company for weeks to get enough money to replace our car (Travelers insurance). It was a pain but their job is to wait you out until you take as little as possible.

How much did you still owe on the car? Ins co will pay you the value, but first pay the lien holder.

Your insurance sucks

That's really unfortunate. It seems the problem is with your choice of insurance policy. The other driver was at fault, and that's is not disputed. The problem is in what your insurance coverage is when the car is totaled, regardless of why or who's at fault. If an anvil dropped from a building and totaled your car, you'd be in the same situation. Moving forward, pay more for better insurance. I'm sorry, OP. It must be really frustrating.

I would negotiate a higher amount or get a lawyer to sue the other party and get it for you.

Work with a dealership and find comps for your dh's car to negotiate the price up. I did this and received about 7 or 8k more.

You must have a really high deductible and terrible coverage. Do you have a cheap policy? Unfortunately, you get what you pay for when it comes to insurance.

Please give more details here - your story makes no sense, and you need to appeal your settlement.

You need to argue replacement value of the car. That makes no sense. I'd get a new car if you can afford it.

I am confused. How much did they give your for the car? How old was the car?

DH stopped for a pedestrian and got rear-ended.
Police found the other person at fault.
Our insurance totaled DH's car.
The insurance money will still leave us short of replacing the car.
A comparable car (used, very basic) is going to cost us $5K out of pocket.
If we only used the insurance money, the car he would get would be 4 years older than the one that was totaled.

We're a bit miffed. He did the right thing by stopping for a pedestrian but doing the right thing is either going to cost us $5k or he'd be driving a car that's 4 years older and even more basic than the one that got totaled.

Is there any additional money he can get out of the person that rear ended him?

Thanks!