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?