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Joined: 12/17/02 Posts: 17480
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Yes, if liability is clear, the negligent driver’s insurance should cover

It. Butsometimes they drag their feet accepting liability, or people just feel more comfortable having their own company cover it (If they have collision coverage—if not you have no choice but to go after the other guy’s coverage). Unfortunately if you use your collision coverage you often have a deductible, though you might get that waived. If not, there are a couple of ways to recoup it.

None of this resolves the OP’s chief complaint, however. Whichever insurance pays, they’re only legally obligated to pay the reasonable value of the car. The insurer is going to pay off the lien holder and send you whatever is left over. If you owe more on it than the reasonable value, the insurance company is going to send the check to the lienholder and you’re still going to owe the balance on the loan.

In order to avoid that you have to buy gap insurance (usually offered when you take out your loan).
[Post edited by JMHoo at 06/17/2019 10:10PM]

(In response to this post by QBSacker)

Posted: 06/17/2019 at 9:57PM


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