Legal Question in Insurance Law in California

someone rear ended my 2016 Nissan rogue that I am financing and admitted fault. my insurance says my car is totaled but I can only get part of it paid to the lender and I will be responsible for the remaining 8000.00 because I did not have gap insurance even though it was not my fault. is that how it works legally? am I going to owe 8000.00 dollars and have no car because someone rear ended ME?

Asked on 8/20/17, 1:29 pm

1 Answer from Attorneys

Timothy McCormick Schneider, Holtz & Hutchison

Yes that is how the insurance works when you don't get sufficient coverage. Your remedy is to sue the person who rearended you for the additional amount owed the lender, plus loss of use for a reasonable time to replace the car. Since you are under $10,000, you can sue in small claims.

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Answered on 8/21/17, 12:55 pm

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