Can I sue the other driver for the difference I owe, a down payment and for the stress it has caused me? 1 Answers as of May 04, 2016

I lost my car to total loss from the at fault driver’s insurance. I can’t get another auto loan until that loan is paid by other driver’s insurance. I owe the difference. Can I keep the rental car until I can get another car?

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Candiano Law Office
Candiano Law Office | Charles J. Candiano
1.) The ONLY thing that the insurance company owes you is the Fair Market Value of the car that was totaled. You could have and should have purchased GAP insurance to pay off the car in such a situation. 2.) If you were injured, you should consult a personal injury attorney ASAP. Your "stress" over the accident and your vehicle are NOT actionable. 3.) Car rental is contingent on either the at-fault driver's policy or your policy, whichever is more generous.
Answer Applies to: Illinois
Replied: 5/4/2016
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