can i still use my gap coverage on my car? if my ex-husband took the money from the accident and didn't report it

Question Details: My husband, who i was still legally married to at the time but he had left me and moved out of the house, (now legally separated) got in a car accident in a car that we are both the registered owners and are both on the loan agreement. He didn't go thru our insurace co. but instead just took money from the company that owned the car who hit him (was hit by a company owned dump truck of some sort). He spent the money on something, I have no idea what. The amt to repair the car is more than what it is worth. Can I still use the gap protection we bought when we purchased the car?

Asked 10/17/2009 under Auto Accidents | 203 View(s) | More Legal Topics

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Auto Accidents Law Answers

Based on your question, the fact that your Husband used the money should not affect the gap insurance.  Gap insurance covers the difference between how much you owe to the lienholder (finance company) and how much you actually receive from an insurance company for the damages caused to your vehicle (which would be a total loss).    If you have gap insurance, it is your insurance policy.  The gap insurance should be paid directly to the lienholder by the gap insurance company--the vehicle owner never sees the money.

KPS

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