Legal Question in Personal Injury in Florida
Florida,
My wife was in an auto accident. The other driver was determined 100% at fault. Our car was totaled. Our insurance company is paying the estimated value of the vehicle. Which leaves us owing still owing $1000.00 dollars on the payoff of our vehicle. Do we have any recourse to recover the difference?
Bill
2 Answers from Attorneys
If there are no injuries and you're only seeking to recover the extra money owed on the auto loan, the at-fault driver's insurance company should be responsible for that. If the driver had no insurance, then you could sue him in small claims court. However, in that case, you'd obtain a judgment, but still have to make some effort to collect it, which may be difficult.
See if your finance agreement has "gap coverage" for just this situation. I take it you were upside down on the financing? Yes, you can seek the loss of value in a claim against the at fault party.
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