This is often a very complicated question. Before deciding whether or not to settle your claim outside of court or filing a lawsuit, you should

Determining fault in an auto accident is both common sense and involves some technical aspects of the law. Generally, the last word on who caused an accident lies with a jury.

After an accident, if your car is totaled, your collision insurance will pay you the fair market value of your car. If the amount left on your car loan is higher than the fair market value of your vehicle, gap insurance will make up this difference. GAP insurance pays you the difference between the property damage and the amount left on your loan.