Legal Question in Insurance Law in Georgia
in 2008 I bought an car (impala) from a dealership which provided their own financing. I was 23 at the time. my mom cosigned for the car and the insurance was put into her name because I felt that the insurance would be cheaper. in 2010 I bought a 2nd car a Mercedes that was financed by my local bank. the car was in my name only and so was the insurance. in 2012 I decided to take my impala off from my moms insurance policy and put it on the same policy as my Mercedes and list my mom as a driver, which because of the discounts I received turned out to be a cheaper option. my insurance company demanded I add my dad as either a driver on my policy or an excluded driver as well since my mom was a driver on the policy and they were still legally married. i didn't understand why this was necessary since my dad does not drive either of my cars and we had not lived in the same house for years. i was told by my agent that if i listed my dad as an excluded driver that if would not affect my auto loan with my bank so i agreed. i am required to send in proof of insurance to my bank periodically at their request. in 2014 when i was required to send my bank proof of insurance for the Mercedes which they financed my bank told me that my car insurance was no longer valid and charged me about $1300 for some "in-house" insurance taken out by them. this $1300 was added to my loan amount. i have maintained full coverage insurance on my vehicle since the purchase date and my bank has always been named as the lien holder. when i questioned them as to why i had to pay additional insurance i was told that because i had an excluded driver on my policy it was not recognized as valid insurance. my dad was eventually removed as an exclusion in march of 2015 but the bank is saying i owe them the $1300 for the year he was listed as an excluded driver. my Mercedes is now paid for as of February 2016 except the amount of $1300 which was added for the additional insurance. i have talked to several insurance agents with various companies and they all state that the bank can not legally force me to pay additional insurance for a car that is in my only, is insured in my name only, has maintained full coverage insurance and the bank is listed as the lien holder. the bank says the insurance company is wrong and insists that i pay this additional insurance. am i responsible for paying this insurance premium taken out by the bank?
1 Answer from Attorneys
The insurance the bank says it is allowed to buy and charge to you is called "single interest coverage" which is outrageously expensive. Loan documents typically allow a lender to buy that type of coverage to protect their collateral interest on the car if the borrower doesn't keep collision or comprehensive insurance on the car, then add the cost to the loan balance. I agree with the insurance agents who said the bank should not have done it. You also should not have been forced into signing an exclusion barring your father from driving your car. Undoubtedly the bank is pointing to the hypothetical situation where your father could theoretically have driven your car and wrecked it destroying the car thereby voiding the coverage and preventing the collateral from being insured and the loan from being paid off by the insurance. The bank is in a leverage position whereby the bank won't turn loose of the title unless you pay the $1300. If you don't pay the bank will mark your loan in default and repo the car. Get a lawyer experienced in consumer finance matters ASAP and try to negotiate a deal. In court, I fear the bank has a potentially viable legal argument. This all gets back to the %^* insurance company that made you sign the exclusion in the first place. Don't ever do that again--fire that insurer and get a policy with another insurance company. Plus, don't do business with that bank ever again.
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