If my parked car was hit and totaled and I don’t have GAP insurance, since my payment will leave me owing money can I get the family to pay the loan balance?

This is 100% the other driver’s fault -a girl with a learners permit who was,texting while driving. Now I am out a vehicle. As a single mom with 2 kids I need a vehicle. Can I legally get the family to pay the balance of the loan or in some other way work this in my favor?

Asked on July 29, 2014 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue the at-fault driver for any out-of-pocket (not reimbursed by insurance) losses, such as the difference between your loan balance and what you will recover from insurance. Unfortunately, assuming they do not decide to voluntarily compensate you, a lawsuit is the only way to make them do so. For amounts less than the small claims limit, you may be best off suing in small claims court, acting as your own attorney (pro se) so as to avoid legal fees.

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