Location: Michigan I 23f was hit in an accident the day before my birthday 🫠anyways, I wasn’t at fault. Insurance valued my car at $14050 and after taxes (I don’t have gap insurance) I will owe $1675 on my loan for the car. Since I wasn’t at fault can I sue the at fault driver for the leftover that I owe on the car?
Secondly can I sue the at fault driver for the residual from the initial loan balance of $20,100? Can I sue her for the $5000 that I’ve paid off so far on my loan? I’ve only had the car for 18 months
Please help I don’t know what to do here. Please help with any options I may have to help cover atleast the remaining loan balance of $1675
Comments
>Since I wasn’t at fault can I sue the at fault driver for the leftover that I owe on the car?
No. You are only owed the actual cash value of the car.
>Secondly can I sue the at fault driver for the residual from the initial loan balance of $20,100?
No.
> Can I sue her for the $5000 that I’ve paid off so far on my loan? I’ve only had the car for 18 months
No.
>Please help with any options I may have to help cover atleast the remaining loan balance of $1675
Unfortunately, that’s what GAP insurance was for. I understand how frustrating this is, don’t get me wrong – but you just aren’t owed any more than the value of your car.
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No. You are owed the value of your car, not what you owe on the loan. The car was worth $14,050 prior to being hit. That is what you are due.
If you owe more than it is worth, it means that somewhere along the line you made a financial decision, either to purchase it with a high interest rate, to purchase it without a significant down payment, to purchase it for more than it was worth, to not properly maintain the vehicle, missed payments, etc., that has caused you to fall behind on the loan’s balance relative to the value. That is not the responsibility of the other person to cover.
> Insurance valued my car at $14050 and after taxes (I don’t have gap insurance) I will owe $1675 on my loan for the car. Since I wasn’t at fault can I sue the at fault driver for the leftover that I owe on the car?
No. You are only entitled to the actual cash value of the vehicle at the time of the accident.
> Secondly can I sue the at fault driver for the residual from the initial loan balance of $20,100? Can I sue her for the $5000 that I’ve paid off so far on my loan?
No.