If my parked car was hit and totaled and I don’t have GAP insurance, since my payment will leave me owing money can I get the family to pay the loan balance?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my parked car was hit and totaled and I don’t have GAP insurance, since my payment will leave me owing money can I get the family to pay the loan balance?
This is 100% the other driver’s fault -a girl with a learners permit who was,texting while driving. Now I am out a vehicle. As a single mom with 2 kids I need a vehicle. Can I legally get the family to pay the balance of the loan or in some other way work this in my favor?
Asked on July 29, 2014 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
You can sue the at-fault driver for any out-of-pocket (not reimbursed by insurance) losses, such as the difference between your loan balance and what you will recover from insurance. Unfortunately, assuming they do not decide to voluntarily compensate you, a lawsuit is the only way to make them do so. For amounts less than the small claims limit, you may be best off suing in small claims court, acting as your own attorney (pro se) so as to avoid legal fees.
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.