Legal Question in Insurance Law in Florida

My car recently exploded and as a result, I filed several claims. My insurance company made a payment on the balance of my car and the remaining amount should be covered by Gap. However, after calling Gap, they have no record of me because the dealership did not submit proper documentation since I purchased, which was 4 years ago. I have been calling them since October 1, went to them in person and still nothing. My claim will be closed soon and I may not get the balance covered because the dealership has not been able to get the information needed. Do I hold the dealership accountable? They have been ignoring my calls and when they answer, they have me on hold for more than 30 minutes.


Asked on 10/27/15, 10:10 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Unless the dealership has a legal duty and obligation to provide the GAP information (contract) I don't see their liability.

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Answered on 10/27/15, 11:02 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

You need an attorney to review your documents at the time of purchase. It is unclear what obligation the dealership had to provide the documentation and what company you dealt with and the nature of the dealings. Did you pay for Gap? If so, to whom? I would write the dealership and specific exactly what is needed to verify your claim and entitlement and advise you need it done by the specified date. Accountability only comes with liability and it is unclear what their liability is in your fact pattern.

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Answered on 10/27/15, 11:28 am


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