Can I sue an at-fault driver for the remaining balance of a car loan if my car was totalled by them?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I sue an at-fault driver for the remaining balance of a car loan if my car was totalled by them?

I did not have gap insurance and the amount they are giving me I will still owe almost $4000

Asked on February 11, 2015 under Accident Law, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you have accepted a settlement from the at-fault party's insurance company for the property damage to your car, you can't sue the at-fault party.

If you haven't accepted a settlement from the at-fault party's insurance carrier, you can sue the at-fault party for the loss of your car and the remaining amount you owe on the car loan.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption