My question involves a traffic accident in the State of: Kentucky. My wife was hit by someone trying to cross traffic. The other man's insurance has accepted fault and is offering to pay the retail value of our vehicle. We are way under on our vehicle and we did not purchase gap insurance.
My questions are:
Should the other person's insurance company be responsible for the payoff of our vehicle?
Could our insurance company be responsible for the remainder of the payoff?
Or, am I up the creek without a paddle?
I need some hope and so far I haven't found any. It doesn't seem fair that because of someone's carelessness that would should have to suffer. I can see being required to have gap insurance if the accident was our fault, but not if it was someone else's fault.

