Legal Question in Insurance Law in Florida

Our vehicle was repossessed at the beginning of December. It had some extremely minor damage; a minor scratch. We never reported it to insurance company for a claim. Our insurance company just called & said the bank that repossessed our vehicle filed a claim & that we were responsible for the $1000 deductible. The insurance co. Person on the phone never asked my name, never read me our account #; never identified in any way who they were speaking to. The bank people that came & picked up the vehicle did NOT take pics before THEY DROVE it away. How do I know if they damaged the vehicle worse while they were driving it? Can a bank do this when we no longer "owned" the vehicle at the time of their claim? Thanks for any advice on this. I appreciate it.


Asked on 1/03/14, 6:01 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Insist on written documentation from your insurance company as to what they did. If the bank is an additional insured, they have a right to make a valid claim and you could be responsible for the deductibles . The manner in which this was done sounds fishy. Check with your insurance company directly. BTW the car remained yours until it was disposed of by the bank to satisfy your outstanding debt.

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Answered on 1/04/14, 6:11 am


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