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Who is responsible for a gap in car value/worth

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cbrown3879

Junior Member
California - My car was parked on the street and was hit by another car. it was determined that the car was total loss and there is a gap in coverage of 6,000.00 between what is being paid out and what is owed on the car. Is my Insurance company responsible for going after the other drivers insurance company for the difference? Would I need to take the other driver to small claims court to try and recover the costs? Thank for any help!
 


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seniorjudge

Senior Member
cbrown3879 said:
California - My car was parked on the street and was hit by another car. it was determined that the car was total loss and there is a gap in coverage of 6,000.00 between what is being paid out and what is owed on the car. Is my Insurance company responsible for going after the other drivers insurance company for the difference? Would I need to take the other driver to small claims court to try and recover the costs? Thank for any help!
Click to expand...
Q: Is my Insurance company responsible for going after the other drivers insurance company for the difference?

A: Not unless you have gap insurance.



Q: Would I need to take the other driver to small claims court to try and recover the costs?

A: Yes, if the other driver has any money.
 
xylene

xylene

Senior Member
seniorjudge said:
Q: Is my Insurance company responsible for going after the other drivers insurance company for the difference?

A: Not unless you have gap insurance.
Click to expand...
And if it was a new car loan, it is shocking that your loan did not specifically require it.

Was it not required or did you allow it to lapse?
 
C

cbrown3879

Junior Member
re: responsible for a gap in car value/worth

I had asked the insurance company to trnasfer the same coverage for my old car to the new car (which included gap coverage). Unfortunetly, they transferred eveything over EXCEPT gap coverage and I did not pay attention to this until the accident, as a I assumed I was covered. I am fighting it now with the insurance company (As I had gap coverage on my old car for 5 years). However, it doesn't look good. Thanks for your help!
 
S

Some Random Guy

Senior Member
was determined that the car was total loss and there is a gap in coverage of 6,000.00 between what is being paid out and what is owed on the car
Click to expand...
Q: Would I need to take the other driver to small claims court to try and recover the costs?
Click to expand...
And why would the other driver be liable for your decision to be underwater on the loan amount? For example, if your car is worth $10,000 and you owe $16,000, the other driver should pay you $10,000 for totalling your vehicle - because that's your actual loss. If it were different, I would try to take out a $1,000,000 loan on a junker and dare people to hit me.
 
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