totalled car

[rooster3]

What is the name of your state? I am from Virginia. My wife was involved in an accident this past weekend it was not her fault. The other person's insurance company has totalled our vehicle and is only giving us $9951.50. Which leaves me $4025.80 in the hole. The thing is I was never offered the "Gap" insurance due the vehicle being a used vehicle when I bought it. I know the insurance company is only going to pay the $9951.50. Am I stuck paying the $4025.80 or can I sue the driver for the difference?

 

[Lynx 36]

Quote: "The thing is I was never offered the "Gap" insurance due the vehicle being a used vehicle when I bought it."

It doesn't have to be offered to you.

Quote: "Am I stuck paying the $4025.80 or can I sue the driver for the difference?"

You're stuck.

 

[robmpulse]

Has the finance company decided not to repair the vehicle. Can the vehicle be repaired? Who insurance is are you dealing with?

 

[JETX]

Has the finance company decided not to repair the vehicle. Can the vehicle be repaired? Who insurance is are you dealing with?

And of course, NONE of these questions have anything to do with the posters questions.
1) The 'finance company' has NO involvement in this decision.
2) Whether the vehicle can be repaired or not is irrelevant as once the insurance company pays the claim, the insurance company will own the vehicle.
3) And what difference does "who's insurance" have to do with anything??? It is clear to anyone with any legal and/or insurance knowledge that the OP is dealing with the 'at fault' drivers insurance..... and even clearer to anyone who can read the following in the original post, "The other person's insurance company..... ".