Car Accident: Total Loss, Not At Fault- What Are My Options?

Car Accident: Total Loss, Not At Fault- What Are My Options?

Hello, not sure if this is the best place to ask, but my partner told me to post on Reddit and just see what insight others may have regarding my situation.

I was involved in a car accident resulting in a total loss for my car. I was not at fault and the other driver is liable. My car was leased, I put 7k down and traded in my old car for 1k totaling 8k investment. I was injured, I had to miss a week of work and would have liked to take more time off to heal but couldn't afford to, my managers were very accommodating and co workers very helpful. I do not have a backup vehicle.

My lease was 3 years and I was planning on financing at the end of my lease. I do have Gap insurance. My car on Kelly Blue Book estimated it at ~25k (love the depreciation wtf). My insurance agent basically said what they do is look up the estimated cost of my car and ask for that from the other person's insurance. That settlement goes to my lender and if there is excess I will receive that. Based on what I just looked at, there most likely will not be any excess as my car was leased at 36k. His insurance will pay for a rental and cover my medical…. But is there a way to get something like a down payment or my equity that was in the car? If there is would I have to personally sue or is this something that can be asked for through insurance?

Thanks