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Total loss = loss of 2500 dollars or does it?

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modestr6

Junior Member
First of all thanks for reading. Im from North Carolina. I was in a car accident a few weeks ago...End result is the other driver is at fault for running a red light. My truck was totalled and the insurance left me with about 2500 to pay off. Gap would of paid this however the month I bought it I also refinaced it, not knowing that refinacing voids the Gap until now. Can I take the Driver at fault to small claims to pay off the 2500 or am I out of luck. thanks.
 


seniorjudge

Senior Member
Q: Can I take the Driver at fault to small claims to pay off the 2500?

A: Maybe. Did you sign a full release when you got the dough from the insurance company?
 

Zigner

Senior Member, Non-Attorney
First of all thanks for reading. Im from North Carolina. I was in a car accident a few weeks ago...End result is the other driver is at fault for running a red light. My truck was totalled and the insurance left me with about 2500 to pay off. Gap would of paid this however the month I bought it I also refinaced it, not knowing that refinacing voids the Gap until now. Can I take the Driver at fault to small claims to pay off the 2500 or am I out of luck. thanks.
You are entitled to the value of the car. It is not the other driver's fault that you owed more than the car was worth.
 

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