Can i sue someone for the difference of my auto loan if insurance doesnt cover all costs?

This is a tragic situation that often happens when a minimal down payment is applied to a financed auto purchase. Many lenders offer "gap insurance" to cover situations such as this. The loan documents are usually the best source for determining the existence or at least the offering of gap insurance to the borrower. The rule of remedies for property damage is that the owner of the damaged property is entitled to repair or replacement value of the property, whichever is less. Most lenders require full or comprehensive coverage on financed automobiles to assure their security for the loan, i.e. the car is protected in cases of theft or loss. Often times when the repair cost exceeds a certain level, the insurance company will declare the vehicle a total loss and issue payment for the value to replace the vehicle. When the parties disagree on the value, they can either sue the responsible parties, not the insurance company, or Allstate was your insurance company for your claim, then make a demand for appraisal. The party challenging the offer should be prepared with evidence to show how the offer is too low. The appraisal process can be very expensive but the process will be governed by the terms of the Allstate policy. I always tell my clients to seek medical attention immediately if they believe they were injured in the accident. After that, they should make an appointment with a lawyer who handles personal injury matters in their area or the area of the accident's occurrence.

First, what you can legally recover for damage to your car is the cost of repairs IF the care is not totalled (that is, the cost of repairs does not exceed the CURRENT market value of the vehicle). If the repair cost does exceed the current market value of your car, then the car is "totaled," and what you are entitled to is the reasonable market value of the vehicle at the time and place where it was damaged. That means, what you could reasonably hope to sell the car for at the time and place where it was damaged. Although it may seem unfair that you owe more than the car is worth, the car begins to depreciate the moment you drive it off the new car lot, and if you finance the car or are paying off a car loan with interest, you will pay far more for the car over time than you would if you bought it for cash. The defendant who you sue for damaging your car is not responsible for paying the interest and finance charges you incurred when you got the loan, only the value of the car. Second, if you are experiencing pain from the accident, you should seek medical attention immediately. You don't say how long ago the accident was, but if it was only a few days ago, you could have sustained some fairly serious injuries which could affect you for months or years to come if not treated. The longer the gap between the accident and the time you first seek treatment, the more likely the defendant's insurance company and its lawyers will succeed in arguing that you aren't seriously injured and only sought treatment to maximize your recovery in an insurance claim and lawsuit. Thus, if the accident was a month ago, or longer, unless you are experiencing very serious pain and symptoms of a verifiable injury (that is, either a broken bone or something that can be verified through a diagnostic study like an MRI or CAT Scan) you will have a hard time getting compensated for medical treatment and pain and suffering if you file an insurance claim or sue the other driver. If you have medical insurance and can obtain medical examination and treatmentif necessarywithout having to pay much or anything, you should do so immediately, and let the medical provider know you have been in an accident. Hiring a lawyer is also a good idea, if you can afford to do so. If you have verifiable injuries and there is insurance coverage for the defendant, you should have no problem finding a lawyer who will handle your case on a contingency basis, which means he/she will take a percentage of any recovery you may receive, and won't charge you any advance retainer fee.

You can claim any of your losses against the negligent driver. If they don't have insurance it might be impossible to collect, but you have the right.

When your car is totaled by another driver, the insurance company is only liable for the replacement value of the car, which is the value of the car on the day it was totaled, not how much the car was bought for.