If my car was totaled and did I have gap insurance, if someone else was driving doI have to pay the balance or do they?

UPDATED: Aug 1, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my car was totaled and did I have gap insurance, if someone else was driving doI have to pay the balance or do they?

I was not in the car. So who pays me or the person who totaled the car?

Asked on August 1, 2011 Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your car was deemed a complete loss after it was in an accident and you were not in the vehicle, the person driving the car or the person who caused the accident would be responsible to you for paying the fair market blue book value of it at the time of the accident.

You need to obtain a copy of the police report to ascertain how the accident happened that destroyed your vehicle and who most likely was the cause of the mishap. Once you have a copy of this report, you will then be in a position to make a demand for payment for your damages after you determine what the blue book value of your car was at the time of the accident.

You also need to report the accident to your insurance carrier as a condition of your obligations under your insurance policy then in effect.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption