Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: May 8, 2012

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Insurance Question from Lewisville, TX

Asked on 05/08/2012

Should Gap pay for the amount mentioned below? I was involved in an accident which my car was considered total lost and I have Gap Insurance. My primary insurance didn't cover a cost of $560.00 to my lander stating that was for my tires that were wareout. However my car was inspected and i would not know my tires were wareout unless it didn't passed the inspection or I could see they were wareout, and i couldn't.Now the Gap will not pay for the $560 that still owened to the lender. Who should pay?

Answer given on May 19, 2012

If your car was a total loss, the insurance company handling the settlement is to pay for the value of the car. This includes the condition of the car and its tires. If your tires were worn, then the value of the car would be reduced. It would also seem that the car may have higher mileage than average, which again will affect the value of the car.Gap insurance varies by company and you should read the part of the insurance policy that refers to it. It should say if the actual difference in the settlement versus your balance due on the car is what they are to pay, then they need to make the $560 payment. However, if there is a clause that indicates they can deduct for the condition of the car, then you may have a problem. Ask yoru agent to explain the coverage to you so you can see how this is being handled. If the insurance company is not willing to increase the settlement for the Gap insurance, try to work something out with your lender. They may be willing to waive the $560 or at least a portion of it, depending upon the condition and mileagae of your car.


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