Tacoma, WA asked in Car Accidents for Washington

Q: Insurance doesn’t cover auto loan in settlement of accident. No gap insurance. Can i sue the other party for remainder?

I’m not at fault, other party is at fault. Can i take other party to small claims for the remaining value of my auto loan?

I owe $29k on loan, settlement is $21k. Can i sue for remaining $8k?

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1 Lawyer Answer
Steve Dashiak
Steve Dashiak
  • Personal Injury Lawyer
  • Tukwila, WA
  • Licensed in Washington

A: In terms of a total loss vehicle settlement, you are entitled up to the fair market value of your vehicle. You're not entitled to anything more than that - meaning you are hosed if you didn't buy gap insurance. It's a hard lesson. It's possible the same dealer will let you roll that into your next loan on a vehicle purchased through them. But, be sure to buy gap insurance this time.

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