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What if my car was totaled in an accident in which I WAS NOT at fault, and I own more on my car note than what the car is worth? I don't have gap insurance. Will the person at fault have to pay the difference or will I be responsible for the rest of the car note?

You will be responsible for the difference or balance left on your loan or lease. The at fault person's insurance will only pay the actual cash value (ACV) of your car and if you are upside down on your loan, thus owe more than the vehicle is worth, then you are responsible to pay the remainder of your loan balance after the ACV has been paid to the lien holder.

If you had gap insurance this would pay the difference between the ACV amount and the balance of your loan. The at fault party would not be responsible for your loan balance once their insurance company has paid you the value of your car since doing so has in insurance terms "made you whole."

 

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This car insurance question was asked on 5/2/2007
This auto insurance answer was last updated on 5/10/2007
Micah requested this car insurance solution.
Rated 10 out of 10 based on 1 vote.
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