If I was in a car accident and my vehicle was totaled but my claim check is less than what I still owe on the loan, what can I do?

UPDATED: Dec 18, 2014

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If I was in a car accident and my vehicle was totaled but my claim check is less than what I still owe on the loan, what can I do?

I pay full coverage and accident was deemed not my fault. I have been told there is nothing I can do to try to get all my money back by the insurance company and the bank. Is there anything I can do?

Asked on December 18, 2014 under Accident Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there was another driver involved, which driver was at fault, you could potentially sue that driver to recover any losses of yours not paid by insurance. (Your insurer is only obligated to pay the the-then-current value of the car, regardless of what is owed on the vehicle, unless you specifically bought "gap" insurance to protect you.) However, if this was a one car accident, there would be no one else to recover from. And even if there was another driver to try to sue, if he/she does not have insurance or money, even if you win, you won't recover anything.

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