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Lexy806

Should I take legal action for a non at fault accident?

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Got in to a car accident and long story short I was not at fault, my car insurance paid their part after the accident was deemed a total loss, i was still financing when the accident happened, was upside down when totaled (2010 nissan altima) and i had full gap insurance on the vehicle, gap only covered a portion of what the remaining balance is left on the vehicle.  (I didn't break any rules or regulations required by the gap insurance contract) but my gap insurance never explained why they did not cover the whole thing. Are there any options i have legally to either (a) get my gap to pay the remaining balance or (b) take legal actions towards the driver at fault?

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1 hour ago, Lexy806 said:

Are there any options i have legally to either (a) get my gap to pay the remaining balance

 

Not if your gap insurance company followed the terms and conditions of the gap insurance policy.

 

I suggest you read the policy carefully and thoroughly and if you still don't understand why you still owe money on the car, call the gap insurance company's customer service person and have it explained to you.

 

1 hour ago, Lexy806 said:

or (b) take legal actions towards the driver at fault?

 

Nope.

 

From a legal standpoint you have been made whole by being paid the Actual Cash Value of the vehicle less your deductible and now your insurance company has the right of reimbursement from the other driver and you have no further rights against the other driver. When and if your insurance company collects you will get your deductible back.

 

It would help to know how much money you still owe your lender.

 

 

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1 hour ago, Lexy806 said:

Are there any options i have legally to either (a) get my gap to pay the remaining balance. . . ?

 

Maybe, but without any explanation as to why the gap insurance carrier didn't pay the full difference between what your auto insurance carrier paid and the unpaid balance of the loan, there's no way to assess this.

 

 

1 hour ago, Lexy806 said:

or (b) take legal actions towards the driver at fault?

 

The at fault driver is liable for the fair market value of the vehicle at the time of the accident, which is what your insurance carrier should have paid to total the car.  Assuming that happened, you no longer have any claim against the at-fault driver.  That you were upside down on your loan is not the other driver's problem.

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