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What to do if my fiance and I were rear-ended at 40 mph while at a complete stop?

Question Details: The other car was at-fault. Our car was pronounced totaled. By law, do we still have to pay our car insurance since we no longer have the car (it was covered during the accident)? Also, we did not have gap insurance and have a gap of over $2,000 to pay off the car. Can we go after the individual's insurance company for that gap and file a third party claim since it was at his fault?

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