Legal Question in Personal Injury in Georgia
i was invloved in a car accident and my car ended up being totaled.. i had full coverage insurance and GAP insurance( insurance that allows the amount thats is not paid off by my drivers insurance to be paid by the car dealership) through the dealership with my car. all paper work was told to me that was sent off to those who financed my car (from GAP through the dealership and from my insurance company) the financed company recieved the check from my auto insurance but has not recieved anything from GAP... I called the Finance company to make sure i did not have to pay the difference from what i owed on the car and what my insurance paid, i was told i did not, then recieved a call back later stating i do. i cannot get another car until this wrecked one is paid off but that is what i paid gap to do..and they still havent done it. so i will be paying on a totaled car for the next six months not to mention i will be without transportation...What can i do? it seems like i am being taken advantage of..i dont know what to do can i solve this legally?
3 Answers from Attorneys
We do't know what your insurance policies say and what they cover, and you did not bother to tell us. I am not sure what you expect after leaving out the very facts that likely answer your questions. Read your policy and documents.
Gap insurance is purchased expressly for this exact situation. While I agree that the wording of the policy is important, the fact that gap insurance was purchased in and of itself means to me that there is not supposed to be a balance owed by you on the automobile. Something is very wrong with this and you need to act quickly to get an attorney who is experienced in insurance matters. Most lawyers will not understand this. Do NOT get a general practice, criminal lawyer or divorce attorney for this. The gap insurer will have attorneys who are experts at insurance coverage litigation and an attorney inexperienced in insurance litigation will be overmatched. I used to represent insurers myself. I now sue insurance companies and have done so for more than 25 years. I will be glad to talk to you about this and if I decide I cannot help you myself I will get you to someone who can. Call me at (770)427-8468 ASAP for a free consultation.
As Ronald said, now is the time to get counsel. If you bought proper gap insurance, they and not you should be paying, and, if they fail to do so, they can be sued.
As Ronald said, get a specialist in this type case.