Maple Shade Township, NJ asked in Insurance Bad Faith and Insurance Defense for New Jersey

Q: Is there any way to cover the remaining principle owed on my totaled vehicle if I do not have gap insurance?

I was rear-ended in an accident with a driver who was on her phone, and she hit my car hard enough to cause serious frame damage. My car was totaled and she was found at fault, but I do not have gap insurance and I owe 8,000 more than the insurance company is willing to pay based on the value of my vehicle. I cannot afford to pay 8,000 dollars on a vehicle that I do not own, especially if I am supposed to look for another vehicle afterward and begin payments on that. Am I able to sue the other driver or the insurance company or something to secure the remaining amount of money? It is ridiculous that I was hit in an accident with another driver and I am going to be the one paying more money than the company. This incident occurred in New Jersey and I only have neck and back pain after the accident.

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