If my auto was hit and totaled out and my gap insurance only covered $5200 of associated costs, can I pursue a claim in small claims court for property loss?

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If my auto was hit and totaled out and my gap insurance only covered $5200 of associated costs, can I pursue a claim in small claims court for property loss?

I lost $1,000 down payment on totalled vehicle and $2300 trade-in value for car I traded in. The other driver’s insurance company refuses to compensate me past vehicles’ estimated value. Can or should I seek compensation in small claims court?

Asked on December 30, 2013 under Accident Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Based upon what you have written it would appear that any short fall that you might have concerning the auto accident would be best compensated for by filing a small claims court action against the driver and owner of the vehicle that damaged your own.


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