Legal Question in Insurance Law in South Carolina

Our auto was declared a total loss due to an accident not our fault, the insurance paid and now the Gap insurance is denying the claim to pay the remaining balance on the auto loan. In reading the contract I find no reason for it not to be paid. What should I do?


Asked on 9/11/09, 11:40 am

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

I'm finding this difficult to answer because I don't know who is who. I don't know if the insurance company that paid is the other driver or your insurance company. Therefore, I don't know if Gap is yours or another driver's insurance. I'm also confused about the loan. Usually when an insurance company pays to have a car fixed or pays when its a total loss, its based on the repair bill or the value of the car if it was a total loss. I have never seen an insurance policy that will pay based on what is owed. I simply do not have enough information to answer your question. I suggest that you contact an attorney by phone or in person who can ask the necessary questions so that he/she has all of the information needed to give you the advise you need. Good luck

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Answered on 9/16/09, 11:51 am


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