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Will I be able to get another car?
My 2012 Nissan Versa Sedan was totaled after a person ran a red light and I T-boned them. I wasn't injured neither were they. This is my first accident ever and I do not know what will happen next. I owe a little more then what my car is worth so their insurance is covering what my car is worth and GAP is covering the rest of the amount, but since my car is totaled and I can't afford a down payment right now, will their insurance give me money or do I have to sue them for the money? I have limited tort on my insurance and do not know if that makes a difference, but I do not know what to do next.
5 Answers
- oklatomLv 78 years agoFavorite Answer
No, they only have to make you whole, which in a total loss is to pay the fair market value of the vehicle you lost. If you owe more than that amount, you would be responsible to continue payments until the balance reaches zero (it isn't the fault of the insurance you are upside down) but in your case you had the GAP coverage, so you were saved from that and will be completely out of debt.
You can't profit from an accident, so they don't "owe" you a down payment, and to attempt to get one through court action would be a waste of time and money on your part.
Start looking for a used car.
- lucyLv 78 years ago
http://www.carinsuranceguru.org/guide/what-is-the-...
The good news is that you have GAP, or, otherwise, they can only pay fair market value, and if that is not enough, then you would still owe your lender the balance. GAP picks up, when you are upside down on your car loan and if it is totaled.
I am guessing you are in PA? Limited tort only applies to injuries, and since not injured, all they owe is the value of your car.
But, I suggest you talk to YOUR insurance company and confirm this.
- PeterLv 68 years ago
By "tort" do you mean uninsured/underinsured coverage? Generally, a driver's insurance will not permit its client to file suit in the manner you describe but, will reserve right of action to itself. Check you policy for the specific clause.
- 8 years ago
Use the money they give you to pay off the loan. Then you might be able to get a lesser car with no money down. You will have decent credit for paying off this current loan so some banks might be willing to give you another loan.