QUESTION
Can I take the at fault driver to small claims court to cover the gap for my total vehicle loss and the insurance proceeds?
Asked on Apr 09th, 2017 on Automobile Accidents - North Carolina
More details to this question:
I was in a four vehicle chain reaction accident. My car was number two which initially rear ended my car number three. My insurance company has not denied any liability for the accident. My car was a total loss. Between the insurance and the balance due on my loan, I still owe $1300. I do not have gap insurance. Would I have any recourse in small claims court for the driver at fault for the $1300?
1 ANSWER
Personal Injury Attorney serving Indianapolis, IN
Partner at
Hurst Limontes Indiana Injury Lawyers
2 Awards
If you haven't accepted settlement you may have a claim for the remainder, but if you have accepted settlement then you likely signed a release that bars future claims. Even if you haven't it'll be tough to get the extra $1,300. This is why GAP is so vital.
Answered on Apr 10th, 2017 at 6:32 AM