You need to speak to your carrier and ask their intentions then consult an attorney.
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Don't fiddle with the financing company as they have rights completely independent of any others in your situation. In other words, you owe them their money reardless of gap insurance, who casued the accident, etc.
Simpy put, pay them.
In the meantime, reach out to the gap insurance carrier and get the two companies in touch with each other. I suspect you only have to make one car payment per months so buckle down, pay it, and get working on communication.
Finally -- yes -- the financing company can come after you if you are not making full payments.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
I agree.you need to contact the insurance carrier and ask what they propose to do here. You should run anything through a lawyer before you agree to or sign off on anything.
Go through gap insurance first? What other insurance could they possibly go to?
No one can garnish anything from you until they first serve you with a complaint, successfully receive a judgment, serve the judgment on you and then they can take steps to garnish wages etc. I suggest you speak with your gap insurance carrier ASAP. Any car which is financed should have collision damage coverage on it, unless you are very wealthy and can take the hit.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.