Legal Question in Consumer Law in Florida

Consumer law

My vehicle was declared a total loss. there is no lean to the vehicle but i have a loan for it. the insurance will not give me or the bank the check. The title is under my name and absolutely no lean. no contract was signed and it was all a verball agreement over the phone. what is my next step if no lean is on the vehicle and the insurance wont give the check to any of us?


Asked on 5/18/09, 9:08 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Consumer law

If there is no lien at all (which, by the way, is unlikely, then the carrier should pay you. If they don't then you may sue them. There almost certainly is a lien if there was a car loan.

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Answered on 5/22/09, 9:00 pm
Angelo Marino Angelo Marino Jr. PA

Re: Consumer law

First, find out why the insurance co will not pay. Is it a coverage issue, breach of contract, or bad faith? If you feel it has no grounds for nonpayment, sue it. Moreover, you may be entitled to a rental car.

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Answered on 5/19/09, 10:40 am


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