Can I sue an at-fault driver for the remaining balance of a car loan if my car was totalled by them?
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Can I sue an at-fault driver for the remaining balance of a car loan if my car was totalled by them?
I did not have gap insurance and the amount they are giving me I will still owe almost $4000
Asked on February 11, 2015 under Accident Law, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If you have accepted a settlement from the at-fault party's insurance company for the property damage to your car, you can't sue the at-fault party.
If you haven't accepted a settlement from the at-fault party's insurance carrier, you can sue the at-fault party for the loss of your car and the remaining amount you owe on the car loan.
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