daughter has new car. insurance lapsed. wrecked car (1 vehicle) & totaled it. No $, long term ended.stuck w/car:payment? advise?

daughter (over 18) bought a 2007 car. insurance lapsed. Prior to reinstating she wrecked the car (1 vehicle accident) & totaled it (had someone from a shop look, stated totaled). No $, long term disability ended. No job at the moment. Unable to make car payments since June. She had Gap insurance at the time (wreck happened in January) but not a option to use w/out regular coverage. She has not called the dealership as of yet. She made payments until May. Is she stuck w/car and payments or can it be returned, car dealer part it out and send her remaining bill or does she have any other legal recourse?
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Answers (2)

Justin P. Walsh

Justin P. Walsh

Contributor Level 3
This will likely depend on whether she received notice that the full coverage insurance had been cancelled. Under recent Washington law, the insurance company would have been required to send a notice of cancellation of coverage via regular mail to your daughter. This is because mailing is presumed to reach the recipient, whereas certified mail can sit at the post office and not be picked up, which does not result in notification. If the insurance company did properly notify your daughter, then she is likely stuck with the car. Working with the dealer to part it out may be an option to reduce the overall gap liability, however, you may get better results parting it out on your own.
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tonyman4life (law student)

Question? How long does a person have after the insurance exspires before the state make the victum have to pay.
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