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?

Related Topics:
1 Lawyer Answer
Steve Dashiak
Steve Dashiak
Answered
  • Personal Injury Lawyer
  • Bremerton, 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.