What happens if your car gets totaled and you don't have full coverage?

Asked by: Dr. Brandt Smith  |  Last update: August 11, 2025
Score: 4.6/5 (68 votes)

Uninsured motorist insurance applies when a driver with no insurance or not enough coverage is at-fault in an accident that totaled your vehicle. UMPD/UIMPD may be beneficial if you don't have collision coverage and can cover your vehicle up to a specified dollar amount on your policy, instead of the vehicle's value.

What is the total loss law in Nebraska?

The insurance definition of a totaled car in Nebraska is when the cost of repairs plus the salvage value is 75 percent or more of the vehicle's actual cash value (ACV).

Do I still have to make payments on a totaled car with no insurance?

What happens if you total a financed car with no coverage? If you're uninsured and facing a total loss on your car, you will have to pay the whole balance of the loan yourself. And if you are at fault, you may be responsible for paying for the other party's damages or injuries.

What happens if you don't have gap insurance and your car is totaled?

Your collision coverage would pay your lender up to the totaled car's depreciated value — say it's worth $19,000. If you don't have gap insurance, you would have to pay $1,000 out of your own pocket to settle your auto loan on the totaled car.

What happens if I don't put full coverage on my car?

Having only the minimum liability required by your state with no additional coverage leaves a large gap when it comes to repairing your vehicle after an accident.

What happens when your car is totaled and you still owe money?

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What happens if I dont have full coverage and my car is totaled?

If you don't have insurance or don't have enough coverage, you're on the hook for the balance left on your vehicle even though the car is no longer drivable.

Do insurance companies go after uninsured drivers?

While insurance companies may pursue uninsured drivers to recover claim costs, the process can be complex and time-consuming. Uninsured drivers involved in accidents should seek legal counsel promptly to protect their rights and explore possible compensation avenues.

Can you ask for more money when your car is totaled?

In some cases, you may get more insurance money for a totaled car than for repairs. In addition, it is possible to negotiate a higher settlement by providing evidence that your car was worth more than the insurance company's initial valuation.

What happens if your car is totaled before you pay it off?

Let's say your totaled car's ACV is $10,000. If you still owe $12,000 on your car loan, your insurer will cut your lender a check for $10,000 and you'll still owe $2,000. As painful as it is, you're legally obligated to make your monthly loan payments to the lender until the loan is paid off.

How much does gap insurance pay on a totaled car?

When your loan amount is more than your vehicle is worth, gap insurance coverage pays the difference. For example, if you owe $25,000 on your loan and your car is only worth $20,000, your gap coverage covers the $5,000 gap, minus your deductible.

What happens when your car is totaled but still drivable?

Rebuilt/Reconstructed Title: Once a salvage vehicle has been repaired and inspected, the California Department of Motor Vehicles (DMV) will issue a "rebuilt" or "reconstructed" title for the vehicle. Once you obtain this, you can legally drive the vehicle.

What happens if someone sues you for more than your insurance covers?

You may face a lawsuit for the uncovered amount when damages exceed your policy limits. The injured party could attempt to seize your personal assets, which may include: Savings accounts. Wages (via wage garnishment)

What happens if my car gets stolen and I don't have insurance?

Unfortunately, if your car is stolen and you don't have insurance coverage, you may be responsible for the full cost of replacing your vehicle. When a car is stolen, the owner typically files a police report and notifies their insurance company.

Can you negotiate a total loss amount?

Frequently Asked Questions about Total Loss Negotiations

Absolutely, negotiating a settlement offer is not only possible but often necessary to ensure you receive a fair payout. Insurance companies may initially provide a low offer, hoping you'll accept it without question.

What is the maximum amount an insurer will pay in case of a loss?

Limit of Liability - The maximum amount of coverage to be paid to an insured or on behalf of an insured by an insurance company in the event of a loss.

Can a salvage title be changed to clean?

At its most basic, title washing happens when an owner takes a car deserving of a salvage title in one state to a different state where they can receive a clean title.

Who gets the insurance check when a car is totaled?

If you own the car without any loans or liens, you will receive a check for the value assessed by the insurance company. If there is a loan, the check usually goes first to the leasing company or the lender. If you owe money on the vehicle, you should notify the lending company that your car has been totaled.

How do you argue the value of a totaled car?

If you believe the insurance company underestimated the value of your vehicle, try these steps:
  1. Ask for the Valuation Report.
  2. Research the Comparables on the Valuation Report.
  3. Dispute Any Condition Adjustments on the Comparables.
  4. Send Your Own Comparables to the Adjuster.
  5. Consider Hiring an Appraiser.

Will Gap insurance pay off my loan?

If your vehicle is deemed a total loss and the insurance payout is not enough to cover your outstanding loan balance, gap insurance can help. Remember, gap insurance is only for total losses, though. It does not help with smaller repairs or routine maintenance.

How to get more out of a total loss?

To get the most money from your insurance for a totaled car, research your car's value independently, document its condition with supporting records, and provide evidence for a higher payout.

Will my insurance pay off my car if it's totaled?

Your insurer will determine whether the vehicle is a total loss, based on repair costs. Your insurer will issue payment for the actual cash value of the totaled vehicle, minus your deductible on your comprehensive or collision coverage.

What if I don't agree with the total loss adjuster?

Dispute the Decision and File a Complaint

Many policies allow you to request arbitration through the insurance company. You'll present evidence to an independent adjuster, who then makes a binding settlement determination. You can also file a complaint with your state department of insurance.

Is it worth suing an uninsured driver?

Suing the uninsured driver might not be worth it unless they are financially capable of satisfying a judgment. After a crash with an uninsured or underinsured driver, contact a car accident lawyer about your legal options.

How soon can I get a new car after a total loss?

After filing the claim, your insurance company might take several weeks or several months to issue a payout, depending on whether you have a loan. Once you receive the settlement, you can go out and purchase a new car.

What happens if you don't pay for a car accident?

A few things could happen if you are sued for a car accident and cannot pay the resulting judgment. The court could garnish your wages, put a lien on your property, or order you to sell assets to come up with the money. If you still cannot pay, you could be sent to jail.