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Do I have A case?gf crashes car

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Tauk45

Junior Member
I'm from Nevada.
I honestly just wanna know if I have a case to take to small claims because I really think I'm getting screwed.

So I switched cars with my gf because my car was running low on fuel, (both cars are under my name)but one of the cars is hers. I couldn't go because I was working so I gave her permission to use my car to put gas in it. She didnt get the car till around 8:30ish at night during my lunch.

Its not until my last break , which is at 10:00pm that I got a call from her crying that she had crashed my car into another car. She was at fault for the accident.

Long story short, my car got totaled and my insurance is only willing to pay 7,000 out of the 10,000 I had left on my car.

My gf gave me two options of either 1. I can take her car ( that's under my name) which she only paid 1000 for and have me pay the rest or sell her car for 2 grand or 2. Give her the car and shell help me by paying half of the 3,000. But I do need a car for work asap.

To me both offers are bad, either way I would end up paying for something I didn't even do.But she's so positive I won't get anything because I gave her permission to take the car. My family is pushing me to take her to small claims but I just want to be positive that I have a case and can get the money to pay the rest.
 
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Zigner

Senior Member, Non-Attorney
A case for what? Insurance is paying you the value of the car (assuming $7,000 is the value of the car.) That's all that you are entitled to. Neither the insurance company nor your girlfriend are on the hook for your decision to take a loan for more than the car was worth and not have GAP coverage.
 

LdiJ

Senior Member
A case for what? Insurance is paying you the value of the car (assuming $7,000 is the value of the car.) That's all that you are entitled to. Neither the insurance company nor your girlfriend are on the hook for your decision to take a loan for more than the car was worth and not have GAP coverage.
For that matter, if you bought it through a dealer its quite likely that you DO have gap insurance. Lenders generally insist upon gap insurance.
 

Zigner

Senior Member, Non-Attorney
For that matter, if you bought it through a dealer its quite likely that you DO have gap insurance. Lenders generally insist upon gap insurance.
I don't know that I agree with you that "lenders generally insist upon gap insurance." I've NEVER been required to obtain GAP insurance on any of the vehicles I've financed and I've never seen it required on the vehicles for which I've been involved in the finance negotiations. Sure, lenders can do it, but I don't know that they "generally" do.
 

LdiJ

Senior Member
I don't know that I agree with you that "lenders generally insist upon gap insurance." I've NEVER been required to obtain GAP insurance on any of the vehicles I've financed and I've never seen it required on the vehicles for which I've been involved in the finance negotiations. Sure, lenders can do it, but I don't know that they "generally" do.
Any time I have purchased a used car (from a dealer) or leased a car gap insurance has been required. I have never had to purchase gap insurance when I outright purchased a brand new car. My mother, whose credit score is over 800, in fact its nearly perfect, chose to lease her last car and they made her purchase gap insurance.
 

Zigner

Senior Member, Non-Attorney
Any time I have purchased a used car (from a dealer) or leased a car gap insurance has been required. I have never had to purchase gap insurance when I outright purchased a brand new car. My mother, whose credit score is over 800, in fact its nearly perfect, chose to lease her last car and they made her purchase gap insurance.
Interesting...I am in the same position as your mother with my credit score, and it wasn't required for either of my last two leases (the most recent being 5 days ago).
 

LdiJ

Senior Member
Interesting...I am in the same position as your mother with my credit score, and it wasn't required for either of my last two leases (the most recent being 5 days ago).
That IS interesting. Now I am curious as to what the difference is. It made sense to me on leases and used cars based on depreciation and payoffs...and maybe even on very extended loans for new cars (6 or more years) My mom's credit was only 3 points off perfect (and she was highly offended by those 3 points...LOL) so it obviously had nothing to do with her credit. I am not even going to tell her about this because that will just offend her more.

Oh well I guess we will never know for sure, in any case its still POSSIBLE that the OP has gap insurance and doesn't know it. He should still check his paperwork to make sure.
 

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