Legal Question in Civil Litigation in Georgia
Dealership didn't process GAP insurance Paperwork
We purchased a vehicle on 11/16/06 with GAP insurance. The vehicle was stolen and vadalized in March 07. We filed a claim with our insurance company and they totalled the vehicle. When we went to file a claim with the GAP insurance company, they had no record of our vehicle, Addendum or our name. We learned last week from the dealership, that they forgot to file the paperwork in '06, and they didn't send GAP a check either. The dealership said they put the information in the system on Thursday, 5/3/07 and will send a check this week. I need to know if GAP is obligated to pay our claim, or do we need to get an attorney to sue the dealership?
2 Answers from Attorneys
Re: Dealership didn't process GAP insurance Paperwork
The insurance company is not liable since they didn't get paid. You should indeed consult with a local attorney about suing the dealership.
Re: Dealership didn't process GAP insurance Paperwork
You need to ask the dealership whether the coverage can be made retroactive to 11/16/06 (do so in writing and chronologically document the purchase date, the date of the theft, the date that you learned that the GAP was never filed, etc.) Request respond to your question within 20 days, and if you do not get a satisfactory response gather all of your documents related to the purchase, theft and claim together, and make an appointment to consult an attorney. Please feel free to contact me in the event that you are in the metro Atlanta area.
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