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Does Texas require Guaranteed Asset Protection?
Let’s say you took out a loan on your vehicle and then got into an accident that totaled it, meaning that the repairs cost more than the car’s actual cash value (ACV). Do you still owe the remaining amount on your loan, even though the car is virtually worthless in its current condition?
If you had gap insurance at the time of the accident, the answer is no. Most loan providers, along with lessors, recommend gap insurance, which protects both parties financially in the event of a total loss. However, in Texas, lenders can’t require that you purchase gap insurance as part of a loan agreement. Let’s see how else Texas legislates gap insurance.
Gap insurance stands for guaranteed asset protection. It is insurance that pays the remainder of your loan or lease if you total a vehicle.
Gap insurance covers the remaining amount on your loan/lease after the total loss of your car, either from an accident or from auto theft.
For theft coverage, pair gap insurance with comprehensive coverage. Comprehensive coverage will pay for the vehicle’s actual cash value, but not the remainder of your loan; that’s where gap insurance comes in. The same goes for collision insurance.
However, gap insurance does not cover:
You bought a new car. Congratulations! Let’s say you put $10,000 down and obtained a car loan for $90,000. But what happens, a year later, when someone steals your car?
While comprehensive coverage would pay for the car’s actual cash value at the time of the theft, which is an amount less than what you originally paid (let’s say $80,000), you’d still be on the hook for the remaining loan balance. Gap insurance would cover that amount so you don’t have to pay a loan on a nonexistent vehicle.
Want cheap car insurance in Texas? The best option is to get your gap insurance as an add-on to your car insurance policy. Buying it from your car’s manufacturer, your lender, or the dealership where you purchased your car will cost hundreds of dollars more.
Gap insurance | Minimum | Maximum | Average |
---|---|---|---|
Average annual cost | $262 | $680 | $471 |
Manufacturer | $200 | $700 | $450 |
Dealership/lender | $350 | $850 | $600 |
Add-on to auto insurers’ policy | $20 | $40 | $30 |
Given that the average cost of car insurance in Texas was only $1,085 in 2020, the last time the National Association of Insurance Commissioners released data, gap insurance should increase total cost to just $1,125.1
The minimum insurance required in Texas does not include gap insurance. Rather, it requires liability coverage only. Texas also says that lenders cannot force borrowers to purchase gap insurance in order to obtain a loan.
If the borrower opts to buy gap insurance anyway, the loan provider must give the borrower, within 10 days of the loan, a form that states the following:
Texas also sets maximum rates for fees based on the amount financed.
Financing term by months | Loan rate per $1,000 financed | Balloon loan rate per $1,000 financed |
---|---|---|
24 | 0 | 7.16 |
27 | 0 | 8.64 |
30 | 0 | 10.14 |
33 | 0 | 11.68 |
36 | 0 | 13.24 |
39 | 0 | 14.6 |
42 | 0 | 15.99 |
45 | 0 | 17.41 |
48 | 7.45 | 18.87 |
51 | 8.51 | 20.3 |
54 | 9.64 | 21.8 |
57 | 10.82 | 23.34 |
60 | 12.05 | 24.92 |
63 | 13.35 | 26.75 |
66 | 14.7 | 28.58 |
69 | 16.17 | 30.44 |
72 | 17.72 | 32.31 |
75 | 19.39 | 34.53 |
78 | 21.17 | 36.74 |
81 | 23.06 | 38.99 |
84 | 25.09 | 41.26 |
A balloon loan is a loan with a larger one-time payment at the end of a loan term, meaning the monthly payments will be lower.2
If a gap insurance agreement ends before the loan is finished, the lender must refund the borrower or give them a prorated credit. To learn more about Texas’ gap insurance laws, read Texas Administrative Code Section 83.812.3
The amount of your gap insurance should be equal to the amount of your loan or lease. That way, you can be sure that you won’t have to pay the remainder out of pocket if you total your car. To determine your car’s value, check out Kelley Blue Book.
Gap insurance isn’t for everybody, but it’s required in some cases and merely recommended in others.
You should get gap insurance if:
But don’t get gap insurance if:
If you’ve made the decision to buy gap insurance, make sure you do it at the right time and from the right company.
You should get gap insurance at the beginning of your loan or lease, as in theory, you could total the car moments after leaving the dealership.
Here is a list of all the companies authorized to sell personal gap insurance in Texas:
If you want to buy gap insurance from a credit union, you can choose from the Associated Credit Union of Texas, the Greater Texas Credit Union, and the Texas DPS Credit Union.
With the Texas DPS Credit Union, take advantage of what it calls GAP PLUS. Let’s say your vehicle is damaged, and your repairs cost more than your deductible, but the car isn’t a total loss. In this case, your deductible amount can be applied to your vehicle loan. As of April 12, 2023, here are the deductible amounts:
But gap insurance is the cheapest if you buy it as an add-on to your car insurance company. The best gap insurance companies in Texas include:
Check with your auto insurance company to see if it offers gap insurance.
Whether it’s a loan for a used car, a loan for a new car, or a lease, gap insurance is typically a good idea. We also recommend getting new-car replacement coverage so you can actually replace the totaled vehicle with a new car. When it comes to insurance, you’re better safe than sorry, and gap insurance is a great example of that. To learn more, read our frequently asked questions below.
The Texas state maximum for gap insurance is an 84-month loan with either a 25.09 percent APR for regular loans or a 41.26 percent APR for balloon loans.
A company might deny a gap claim because it is a bodily injury claim, as gap insurance covers property damage only.
Gap insurance providers in Texas must pay claims within 60 days of receipt under Texas Administrative Code Section 83.812.
Typically, gap insurance will not cover a blown engine, as it doesn’t cover total losses from mechanical issues.
2019/2020 Auto Insurance Database Report. National Association of Insurance Commissioners. (2023, Jan).
https://content.naic.org/sites/default/files/publication-aut-pb-auto-insurance-database.pdf
What is a balloon payment? When is one allowed? Consumer Financial Protection Bureau. (2020, Sep 9).
https://www.consumerfinance.gov/ask-cfpb/what-is-a-balloon-payment-when-is-one-allowed-en-104/
7 Tex. Admin. Code § 83.812. CaseText. (2023, Sep 22).
https://casetext.com/regulation/texas-administrative-code/title-7-banking-and-securities/part-5-office-of-consumer-credit-commissioner/chapter-83-regulated-lenders-and-credit-access-businesses/subchapter-a-rules-for-regulated-lenders/division-9-insurance/section-83812-gap-waiver-agreement
Companies Authorized to Offer GAP Insurance Coverage. Texas Department of Insurance. (2016, Mar 17).
https://www.tdi.texas.gov/commercial/gaplist.html
GAP Plus. Texas DPS Credit Union. (2023).
https://www.txdpscu.org/loans/loan-protection-policies/gap-plus/