Auto Insurance Claims: Truck Accident & What We Owe, finance agreement, breathalyzer test

Question
My husband and I were in an accident in central NY state last week and the other guy was cited at fault; our mechanic estimates about $4500 in repair costs (not including rental car) and suspects the adjuster, whom we have yet to see, will want to total the vehicle.  The problem is that we owe $13K and do not have a GAP policy.  Can we recoup this loss, or are we doomed to pay for a car we no longer have?  Do we have to sue?  Incidentally, we both heard the officer ask the other driver if he had been drinking; he admitted it and was NOT required a breathalyzer test.  The officer let the man go before we could inquire as to why.  The accident occurred as the individual was leaving the parking lot of a bar.  Thanks in advance for your recommendations.

Answer
Hi Mrs. White,

Unfortunately, the at-fault driver (or his insurance company) owe you for the value of your vehicle if it is totaled. No the balance of your loan. The at-fault driver can not be responsible for a seperate finance agreement that is between you and the finance company. Many people finance a vehicle for much more than it is worth. If your vehicle is totaled you should be paid the fair market value of the vehicle plus sales tax. You will then need to deal directly with your finance company on making payment arrangements on the balance. You can not sue the at-fault driver for the balance of your finance agreement. Under the law, all he is responsible for is the value of your vehicle.

I hope this helps
Richard Hixenbaugh