September 04, 2024

What is GAP Insurance and GAP Waiver? A Must-Know for Utah Car Accident Victims

When your car is totaled in an accident and the amount you owe on your loan exceeds the car’s actual cash value (ACV), you’re left with a financial gap. Guaranteed Asset Protection (GAP) insurance is designed to cover this shortfall, protecting you from paying thousands out of pocket.

For legal guidance after a Utah car accident, call or text Jake Gunter, Utah Car Accident Attorney, at (801) 373-6345 for a free consultation.


What is GAP Insurance?

GAP insurance bridges the difference between your car’s ACV (the amount your insurance will pay) and the remaining loan balance if your car is totaled or stolen.

Example – Provo University Avenue Accident:

You bought a new car for $35,000, but after an accident on University Avenue, Provo, UT, your car is deemed a total loss.

  • Car Purchase Price: $35,000
  • Loan Balance: $34,000
  • Car Value at Accident Date (ACV): $28,000
  • Uninsured GAP: $6,000

Without GAP insurance, you’d have to pay the $6,000 difference out of pocket. However, if you have GAP insurance, it covers this shortfall entirely, ensuring you’re not stuck with an unpaid loan balance.


What is a GAP Waiver?

A Guaranteed Asset Protection Waiver (GAPW) is a contractual agreement with your lender. Unlike GAP insurance, a GAP waiver doesn’t involve a third-party insurer. Instead, your lender agrees to waive part or all of the loan balance that exceeds your car’s ACV after a total loss or theft.

Key Features of a GAP Waiver:

  • Often included in auto loan agreements for an additional charge.
  • Provides similar coverage to GAP insurance but is tied directly to your loan contract.

Why is GAP Insurance Important?

  1. Depreciation Happens Fast
    • Cars lose value quickly. A new car can depreciate by 20% or more within the first year. Without GAP coverage, you’re at risk of owing more than your car is worth if it’s totaled.
  2. Accidents are Unpredictable
    • Even safe drivers can’t control every circumstance on the road. GAP insurance offers financial protection in case of unexpected accidents or theft.
  3. Loan Protection
    • Without GAP insurance or a waiver, you remain responsible for paying off your loan balance—even on a car you no longer own.

GAP Insurance vs. GAP Waiver: Key Differences

FeatureGAP InsuranceGAP Waiver
Who Provides It?Your auto insurer.Your lender or creditor.
CostAdded to your insurance premium.One-time fee or included in loan terms.
CoverageCovers the gap between ACV and loan balance.Waives the loan balance exceeding ACV.
FlexibilityMay transfer to a new vehicle.Tied to the specific loan agreement.

When Should You Get GAP Insurance or a Waiver?

Consider GAP protection if:

  1. You Made a Small Down Payment: Low down payments mean higher loan-to-value ratios, increasing the risk of a financial gap.
  2. You Have a Long Loan Term: Extended financing increases the chance of your car’s value dropping below your loan balance.
  3. You Purchased a New Car: Depreciation happens faster with new vehicles.

Key Takeaways

  • GAP Insurance: Protects you financially when your car is worth less than the loan balance after a total loss.
  • GAP Waiver: A lender agreement to waive excess loan amounts under similar circumstances.
  • Always Evaluate Your Loan Terms: If you’re financing a car, GAP coverage can save you from financial stress after an accident.

Need Help After a Car Accident? Contact Jake Gunter Today

Dealing with a totaled vehicle, insurance claims, and loan balances after a car accident can be overwhelming. Let Jake Gunter, an experienced Utah car accident attorney, guide you through the process. Whether you’re handling property damage, injury claims, or GAP-related issues, Jake is here to help.

📞 Call or Text: (801) 373-6345
📍 Location: Provo, Utah

Get a free consultation today and protect your financial future after a car accident!