Miami, FL asked in Car Accidents and Personal Injury for Florida

Q: Someone crashed into me, who will cover the charges for my vehicle?

I was involved in an accident less than a week ago where a person did not stop at a stop sign and was speeding which is how she hit me. A police report was filed and the person was deemed at fault and issued a ticket. I informed my insurance company and the other person's insurance company about the accident and appraisers from each company came over and said that my car was a total loss because it was cheaper for them. Now, I get it this is ridiculous but that's how insurance companies work. I also have gap insurance. Now my questions are which of the two companies will pay for the damage? Just one or both? How will my gap work with this? I currently have a loan and I'm paying off my car, and the amount exceeds the current value of my car. So will gap cover the leftover amount that the insurance does not cover of the car loan, and I will be left car less?

5 Lawyer Answers
Paul William Rebein
Paul William Rebein
Answered
  • Personal Injury Lawyer
  • Tampa, FL
  • Licensed in Florida

A: The other driver's insurance will pay for the fair market value of your vehicle and then your gap will pay the balance of the loan.

You may also have a claim for diminution in value. Make sure they pay you for the sales tax you paid,

Nicholas I. Gerson agrees with this answer

Nicholas I. Gerson
Nicholas I. Gerson
PREMIUM
Answered
  • Personal Injury Lawyer
  • Miami, FL
  • Licensed in Florida

A: Yes. Your gap insurance should pay the difference between the fmv and what you owe. Always try and go through your own insurance company before you attempt to go through another.

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Contact a member of the Fla Justice Assn as you may have a claim for injuries, medical bills as well. As you likely come out on the short end, having to buy a new car, you don't want to overlook this.

Question on the gap is do you get to keep the amount for the value, or is that applied to the balance of the loan and gap only covers what's left? You need to look at your gap coverage closely, discuss it with your agent.

David Alan Wolf
David Alan Wolf
PREMIUM
Answered
  • Personal Injury Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: Typically, the insurance company for the other driver will pay for the property damage. If there is a delay or issue with the other company timely and fairly paying the total loss, then the claim can be pursued with your company if you have collision coverage. It was smart to carry gap insurance. There is no diminution of value claim when the vehicle is a total loss. Good luck.

Sean Cleary
Sean Cleary
Answered
  • Personal Injury Lawyer
  • Miami, FL
  • Licensed in Florida

A: Your insurance company will only pay what it says your car is worth after the accident. Gap insurance will insure you for the difference.

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