Sorry for not getting back with you immediately, I was helping another customer.
You need to determine whether or not the drunk driver has insurance. Minimum insurance coverage is generally $20,000-$25,000.00. Thus, any policy
will be big enough to pay out the remaining value of your car. So you need to make sure and follow up with the police to get the police report so you can file a claim with his insurance company.
If he does not have insurance, a UIM claim needs to be made. This would not cause your insurance rates to go up.
All that being said, the determination of whether or not your car will be paid off will depend on whether it is totalled, or whether an insurance company adjuster determines that it can be repaired. In that case, you would only be able to have the vehicle repaired, rather than paid off. The fact that the car is not drivable does not necessarily mean that it is totalled. Of course, you can make a good faith determination yourself. Does the frame of the vehicle look to be bent? Does it look like it could be repaired? If your own answer to these questions is no, then you want to put pressure on the insurance adjuster after you have filed a claim (with either his insurance or your own UIM insurance) to count the car as totalled.
If the car is totalled, the GAP coverage will make up the difference between what the adjuster determines to the be total fair market value of the car at the time of the wreck and how much you owed on it.
But again, whether you will be able to get the note paid off depends own whether the vehicle is totalled.
Please let me know if there is any further information I can provide you. You may be asked to rate my answer. Please understand that my goal here is to provide you with the best service possible and to answer your question thoroughly. If you give me a negative rating, then the website will not pay me for the work done on your question and will retain all the money you have paid. If you are not satisfied with my answer, please let me know so that I have the opportunity to make sure you get a correct answer and that I have a chance to earn a living. I will work hard to make sure you are satisfied with this service so you feel justified in rating my answer positively.