If this unlicensed driver was driving your car with your knowledge, you are screwed. But if you mean an unlicensed driver hit your car, if you have full coverage you should be able to collect on your insurance. The insurance will make the check to the leinholder and they will give you any excess or expect you to make up any shortage to pay off the loan.
In some cases, if you did give permission for the uninsured driver, your insurance company will pay for the loss but make you sign an exclusion stating that the driver will not be covered in the future for any reason. You would be liable for full cost if it happens again. You can also expect a spike in your rates if they reside with you.
Let's see if I can follow this. Insurance company A is at fault because of actions caused by driver A. Driver B who is not at fault is injured, but is unlicensed, and Auto B has been totalled. Insurance company A is going to have to pay damages to Driver B for property damage as well as for injuries because Driver A is deemed at fault. The fact that Driver B is unlicensed is a non-moving violation and Driver B will have to pay a substantial fines for these issues.
If a car is totaled in an accident and only liability insurance is present, there is a chance that the other party's insurance will pay for the vehicle if the accident was their fault. If a car is totaled, but no others were involved, then the responsibility falls on the registered owner. This will not release the registered owner from paying for the vehicle, either, if money is still owed on the car.
Typically, your deal with the bank that you bought your car through is separate from your car insurance. However, many insurance companies offer "gap" insurance to cover this issue, so that the car is paid off if it is totaled. Talk to your agent, and they can tell you exactly what coverage you have and how much they'll pay. The insurance company (yours) will look the car and if it is totaled they will give you the money for its current value, minus your deductible. If its repairable, they will give you the money to repair it, minus your deductible. Any money left on the car payments after the amount your insurance pays is your responsibility, unless your insurance specifically covers this. If you didn't have insurance, then you lose it all, no money to fix or replace the car, and you still have to pay for the car. Never drive a car without insurance, period.
A car is not totaled in a chapter 13. A car may be totaled while the owner is in a chapter 13. If the car was fully exempted, nothing happens. If you need to buy a new car, you will have to get permission from the bankruptcy court after you file a specific purchase agreement (car loan) which should not seriously affect your plan payments. Why are you not asking your lawyer?
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