How GAP Insurance May Help You After a Serious Texas Crash

By Anderson, Cummings & Drawhorn, LLP on November 11, 2020

Illustration of a man with a question mark standing at a gap between two cliffs

If your vehicle is declared a total loss after a crash, your insurance company should cut you a check for the market value. However, what happens if you still owe more on the loan or lease than what your car is worth? How do you pay off the loan or lease?

Table of Contents

This is where Guaranteed Auto Protection (GAP) insurance comes in. It could be a financial lifeline for those who still owe a significant amount on their loan or lease.

If you or a loved one were involved in a car crash that resulted in an insurance company declaring your vehicle a total loss, you may be eligible for compensation.

Have an auto accident legal question? Call (817) 920-9000

What is GAP Insurance?

Also known as a gap waiver or debt cancellation agreement, this type of insurance coverage is not mandatory. However, because vehicles often lose about 20 percent of their worth within the first year of purchase, many people choose to buy GAP insurance in case they are involved in a serious accident while they still owe a lot of money on their loan or lease.

According to the Insurance Information Institute, people who lease or finance a car with a loan of more than five years should purchase a debt cancellation agreement policy. Buying this coverage is also recommended if your down payment is less than 20 percent of the cost of the vehicle or if you have any negative equity from a previous loan in your new vehicle loan.

How Does it Work?

GAP insurance covers the difference between what you owe on your car and how much the insurance company pays you for its market value, which is usually determined by a claims adjuster.

If you leased or financed your vehicle when you purchased it, chances are you owe more on your loan than what a claims adjuster says it is worth (unless you are close to the end of the loan). If you do not have GAP insurance, you could be on the hook for whatever you owe the bank when you financed the vehicle. That amount could be thousands of dollars, and many people do not have that amount of money available.

How Do I Buy GAP Insurance?

In Texas, GAP insurance can be purchased from an insurance company or through the car dealership where you bought the vehicle. Not every insurance company is licensed to sell GAP insurance, so be sure to shop around and see which companies offer it and what type of losses they cover. Some companies will not pay out GAP coverage for theft, certain accidents and natural disasters. It is important to know how you are covered.

GAP coverage from a dealership is usually more expensive than coverage purchased from an insurance company. You may also have to pay interest on that coverage because it is added to your loan.

However, if you purchase the insurance through the dealership, Texas law prohibits the seller from charging consumers more than five percent of the loan amount. You should have 30 days after the initial purchase to cancel the coverage and receive a full refund.

It is very important to read all the terms and conditions when buying a new vehicle, including terms and conditions for GAP coverage, such as:

  • Total cost of the debt cancellation agreement
  • How many months or years the GAP insurance coverage is extended
  • The procedure to file a claim with the company offering the insurance
  • How much time you are allowed to file a claim after your vehicle is determined to be a total loss
  • What you need to do if you want to cancel the GAP insurance coverage

We Are Prepared to Help

If your car insurance claim was denied and you find yourself in a dispute with the insurance company, give us a call today to schedule a free consultation. Our experienced attorneys may be able to help you pursue full compensation for your damages.

Our auto accident attorneys work on a contingency basis, meaning we bear the upfront costs of managing your case and you do not pay us anything unless we win your case.

Call us today at (817) 920-9000.

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive guidelines. This page was approved by attorney Seth Anderson, whose team has more than 50 years of combined legal experience in helping victims of personal injury seek justice.

Recent Blog Posts

Highway car accident.

What Drivers Should Know About Chisholm Trail Parkway Accidents

November 11, 2026

Drivers involved in a Chisholm Trail Parkway accident should know that unsafe lane changes, following too closely, speeding, distracted driving, merging, and changing roadway conditions can all contribute to a collision. The Parkway runs from Fort Worth through southern Tarrant County toward Cleburne, connecting communities including Fort Worth and Burleson....

Read Article
ATV rollover.

Common Causes of Serious ATV Accidents in Texas

November 04, 2026

Serious ATV accidents in Texas often result from careless or reckless riding, excessive speed, inexperience, impaired operation, improper passengers, unsafe terrain, or mechanical problems. These crashes can cause severe injuries because ATV riders don’t have the protection provided by an enclosed passenger vehicle. ATV riding is common on Texas ranches,...

Read Article
Two crashed cars.

How Dallas-Fort Worth Growth is Increasing Traffic Accident Risks

October 27, 2026

Dallas-Fort Worth’s rapid growth is putting more people, vehicles, construction activity, and development on North Texas roads, increasing traffic conflicts that can contribute to serious accidents. The North Central Texas region continues to add hundreds of thousands of residents, increasing demand on roads throughout the Dallas-Fort Worth area. Fort Worth,...

Read Article

Request a Free Case Evaluation

Tell us about your accident and your injuries. An injury lawyer from our team will call and provide you with a free evaluation of your case. If we can help, and you are unable to travel, we will come to your home, office, or hospital. It’s easy – let’s get started.

  • Disclaimer

Give Us A Call

We are always available to discuss your case. Give us a call at (817) 920-9000.

Email Us Anytime

Email us anytime and we will get back to you.

We’ll Come To You

Our attorneys will come to your home, office or hospital at your convenience.

Available 24/7

Our team is ready and waiting to help you today.

Fort Worth, TX Office

4200 W Vickery Blvd
Fort Worth, TX 76107

Directions