My car is total i don't have gap insurance how can i get the other insurance to pay for my balance that i owe

â™¥ Uwish â™¥

The insurance company does not pay off your balance. They pay the value of your vehicle. They are not responsible to pay your interest and finance charges.

Scott H

You can't. No insurance company is going to pay more for a vehicle than it's worth. It isn't anybody else's fault you made a bad deal when you bought the car.

Luna & Lawnboy

Sorry, they too are only obligated to pay you the Actual Cash Value of your vehicle(replacement cost minus depriciation). Try making a claim through your own Collison Coverage, it is possible that the offer may be a bit higher, but don't expect them to pay off your lien.

You can try to file a small claims action against the hit and run driver, but it is unlikely the judge/magistrate would require him to pay off your loan.

Fred C

Auto insurance is actual cash value at the time of the loss. If you owe more than the payout, and didn't carry gap insurance, the difference is your responsibility. A lawyer cannot change that.

The first offer will be a low-ball, but it is not necessarily the final figure. Get proof of what other vehicles, same model, condition, etc, are selling for, and, if you can show your car is worth more than the offer, you should be able to negotiate a higher figure, although not necessarily the loan pay-out amount. What you owe on the vehicle is not part of the negotiation, and even bringing it up puts you in a position of weakness.

Nancy

if it was a hit and run how do you know who hit you, lets say you got the license plates and you know who it is. yes it is true that they dont have to pay your loan and interests, but when you want to pay off your car its only the remainder of the balance not the interests. so you have a good chance of getting almost the whole balance. now you were probably injured and had to take days off work get paid for those too. when my husband and i were in a car accident the other guys insurance paid off our car and we even got money for missing work and injuries medical treatment. all the works dont take whatever they want to give you. talk as if you knew what you are doing and that you will get all the money you need out of them if they notice that as time goes on you keep asking for more and more they will pay the next chance they get from you. if all you are looking for is go get your car paid off start with that if they dont want too start saying my back hurts i am missing days from work and that you want those paid trust me they will be more than happy to pay for your car right away instead of waiting for you to keep on asking for more money. good luck

UCANTCME

You cant, sorry and you cant sue anyone.

4532

Since it sounds like you were financing your car, you can have your insurance company go after them for the maximum amount. The other person's insurance company is going to lowball you with "market value". Stay professional and inform the other driver's insurance company that you are willing to take the driver to court and sue them personally. To make your point, request the driver's record from the DMV. You are allowed to do this if you are involved in "pending litigation". The DMV will send a notice to the driver that his/her records were requested. Usually this will send bells and whistles to the driver and the insurance company. It might take time, but if you do not accept the low ball offer they will increase it to get you off their backs.

la428282

Ugh, horrible answers-

First off.. let me make this perfectly clear.. a lawyer wouldnt TOUCH this case. How is he going to make any money off of it?

You are NOT owed the entire amount of your loan legally.. you will NEVER win in getting the entire amount of your loan if its more then the car is worth.

Why should you get it? Its not their fault you made a bad financial decision.... PLUS.. lets say you owe 5k more then the car is worth now...... Lets say you owe 10k and its worth 5k.

Well, they will give you 5k......... and you will still owe 5k. Now, lets say you get a new car... and only pay what you SHOULD pay... and then you tranfer the remaining balance of your old loan.

You are now in the EXACT same situation as before... you have a loan where you owe 5k more then the car is worth. And thats where you should be... insurance makes you WHOLE NOT better.

So again, yes, make sure they pay you have full value of the car... but if its less then your loan... your screwed. Its your fault.. not theres.. and no amount of "suing" or "lawyers" or any of that crap will ever just make them pay off your whole loan.. wont happen.

The Eagle Keeper

File a law suit.

Stina Lady

You'll proabably have to get a lawyer for that because the other person's insurance is only going to pay you the minimum or what your car is worth.

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