If my car was totaled and did I have gap insurance, if someone else was driving doI have to pay the balance or do they?

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If my car was totaled and did I have gap insurance, if someone else was driving doI have to pay the balance or do they?

I was not in the car. So who pays me or the person who totaled the car?

Asked on August 1, 2011 Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your car was deemed a complete loss after it was in an accident and you were not in the vehicle, the person driving the car or the person who caused the accident would be responsible to you for paying the fair market blue book value of it at the time of the accident.

You need to obtain a copy of the police report to ascertain how the accident happened that destroyed your vehicle and who most likely was the cause of the mishap. Once you have a copy of this report, you will then be in a position to make a demand for payment for your damages after you determine what the blue book value of your car was at the time of the accident.

You also need to report the accident to your insurance carrier as a condition of your obligations under your insurance policy then in effect.

 


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