Legal Question in Insurance Law in Arizona

Automobile Accident

My leased automobile was involved in a collision with an uninsured motorist. My lease company (US Bank) allows lease take overs and a prospective leasee was driving when the accident ocurred. I know that my insurance will take care of the damage to the vehicle if it is indeed fixable; however, I found out that there is no gap coverage on the vehicle if it is totaled. Do I have any recourse against either the uninsured driver who failed to yield during a left hand turn, or the driver who was test driving my car?


Asked on 3/14/07, 3:12 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Automobile Accident

I am surprised that there is no gap coverage if the vehicle is totaled. This is universally part of a lease, and you pay for it as part of your lease. Check on that again.

You have recourse against the driver who caused the accident. If you are out your deductible for repairs, you can sue him in small claims court. You also have recourse against the driver of your car, only if he was negligent in causing the accident in part. His insurance would pay, but again, only if he was partly at fault.

Good luck.

Read more
Answered on 3/19/07, 11:32 am


Related Questions & Answers

More Insurance Law questions and answers in Arizona