QUESTION

If you receive a settlement for medical and, pain and suffering after a car crash; which was not my fault, can I sue the at fault driver?

Asked on Aug 27th, 2020 on Automobile Accidents - Florida
More details to this question:
My car was totalled and I owed more than it was worth, and the insurance did not pay it all. Can I sue the other driver personally? I reside in Florida.
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1 ANSWER

First Party Insurance Attorney serving Lauderdale Lakes, FL at Charles Injury Law
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The auto loan documents you recieved the day you purchased the vehicle often contains langauage stating whether you also purchased GAP insurance. GAP insurance is designed to pay-off the auot loan on a totalled vehcile in instances such as these. Search for and review your loan/finance documents to obtain this information and file a GAP claim immediately. If you do not have those documents anymore, return to the dealership where you purchased the vehicle and request a copy containing information upon any GAP insurance. Furthermore, the settlement you recieved from this accident should have required your signing of a written release in order to recieve settlement funds. Review the language of that written release because it should provide insight on whether you are able to continue any legal claims against the at fault driver as these releases often contain terms barring any subsequent claims against the insureds of the insurance company paying out the settlement funds. Hope this helps and best of luck.
Answered on Sep 13th, 2020 at 5:26 AM

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