What to do if my fiance and I were rear-ended at 40 mph while at a complete stop?

The other car was at-fault. Our car was pronounced totaled. By law, do we still have to pay our car insurance since we no longer have the car (it was covered during the accident)? Also, we did not have gap insurance and have a gap of over $2,000 to pay off the car. Can we go after the individual’s insurance company for that gap and file a third party claim since it was at his fault?

Asked on August 9, 2013 under Accident Law, Rhode Island


Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

If the at-fault driver had insurance, they should be paying for everything.  However, they are only going to pay what your car was worth.  If your car was worth less than you owed on it, then you have to pay the $2,000.  However, you do not need to keep insuring a car you do not have.  Often times when people are rear-ended, they develop neck and back problems requiring chiropractic care.  If this is true in your case you may also have a claim for personal injury, unless you signed a waiver absolving the at-fault driver's insurance of further liability.  See a personal injury attorney in your area.

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