The insurance company.
Um, why does the insurance company have the title???? The only reason that the insurance company would have the title is because the car was totalled from damage. Something is very wrong here.
You should check with your insurance company. If you still have a policy open for the car the premium is still due. But I'm not sure why you'd have a policy if the insurance company said the car was totalled
If a car is "totalled" then it means that the cost of repairing the vehicle makes no financial sense to spend money on it so the insurance company give cash for the vehicle.
The insurance company pays you once all formalities are taken care of.
I am sure that theft insurance functions just like collision. The insurance company has the option of repairing the car or declaring it "totalled" in which case they give you fair market value for the car (they do not have to pay it off)
Yes, or if you carry uninsured motorist coverage, you may get some help from your own insurance company. If the car is totalled, you may receive close to Blue Book value--not the amount of the loan you owe. The car then will belong to the insurance company as salvage.
Liability, or whether or not you are at fault, has nothing to do with your vehicle being deemed totalled. If the repair cost exceeds the local market value of your car, it is a total loss.
If hidden damage is discovered during the repair of the car, generally the insurance company will pay the increased amount (in fact, usually the repair shop just handles it with the insurance company and you don't even find out until you pick it up) If the car was totalled or you just cashed the check and didn't fix the car, not gonna happen.
Your lender has to approve any changes in insurance on your car until it is paid off. You may also opt to have them cover the remaining amount owed so that if the car is totalled, your debt is cleared.
I'm sorry to say that you are going to pay out of pocket for the damage to your car or try to sue the uninsured driver that hit you for the money. Gap insurance only covers the difference between what you owe on the car and what your insurance paid you when your car was totalled. Since you don't have any insurance your gap coverage is useless. Furthermore if the car wasn't totalled in the accident then gap insurance wouldn't come into play regardless.
Your car being deemed a total loss does not have anything to do with the liability of the accident. Your vehicle becomes totalled when the repair cost exceeds the local market value of your vehicle.