What to do if a month ago my car was totaled because someone hit me on the freeway while going home?

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What to do if a month ago my car was totaled because someone hit me on the freeway while going home?

I was able to file a claim under my car insurance company and they have already sent out a check to my lein holder. Anyways, my car had significant depreciation because of high mileage and I was left having to file a Gap insurance claim. The problem is that I use my car to deliver documents and under the gap contract it would be considered commercial ( I think). My gap contract doesn’t cover commercial cars and on the claim forms its asking for employer and occupation. Is my only option to sue the other driver or risk having my claim denied because of my job? My car is mainly used as a personal vehicle and I was not working at the time if the accident.

Asked on January 6, 2013 under Accident Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can submit the claim first and see if it  is paid or not. If the insurer disclaims coverage on the ground that your car was a commercial vehicle, then you can decide whether you'd likely have better results by 1) suing the insurer, to try to prove that your car should be covered under the policy (e.g. is not a commercial vehicle) or 2) suing the other  driver. It may be possible to follow both paths--sue the insurer under the policy and sue the other driver for negligence, if you believe he/she was at fault (that is, driving carelessly; other drivers are only liable to you if they were at fault in the accient.) If you get to that point (that is, the claim is not paid), an attorney can advise you as your best options.


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