Legal Question in Insurance Law in Pennsylvania

Who's Fault Is It?

I was in an accident and totaled my car. I have a car loan and I did not have full coverage. Now I'm stuck owing money on a totaled car. The bank I have the loan out with requires that I have full coverage, but they did not verify that at the time they gave me the money. My insurance company has a recorded tape of the conversation when the car was added. It states by me that I only want limited coverage, but it also states that the insurance company knew I was getting it from a dealer. Was it the insurance companys responsibility at that time to say that I need full coverage if it's being financed or is it my fault for not knowing to get the full coverage. Also, would it be the banks fault for not making sure I had the correct coverage (they did obtain from me my insurance card, but no where did it say type of coverage.) Please Help Me!!!!


Asked on 6/02/04, 1:06 pm

1 Answer from Attorneys
Andrew Solomon Law Office of Andrew A. Solomon

Re: Who's Fault Is It?

Unfortunately, you are probably going to have to pay back to the bank the difference between the loan and the money you received for the car, if any. The only possibility is if someone else cause the accident, you could go after them. I suggest you consult with a lawyer, who might have a different opinion. At the very least, if you owe the money, he might be able to negotiate more favorable repayment terms.

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Answered on 6/02/04, 2:16 pm


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