Legal Question in Credit and Debt Law in Texas

Collections on Totaled Car

Hello,

My car was totaled 3 months to this date and my car has yet to be completely paid off. My primary insurance comp paid off the cash value of my car but I also obtained gap insurance. The car dealership did not pay my gap insurance policy as they should have when I bought the car, so now three months later they are just now paying the gap insurance policy. Now I've been told that it will take an additional 4-6 weeks to settle the gap insurance and pay off my car. The car lien holder is now saying that I owe them three months of car payments b/c it is my responsibility to do so until the car is paid off. In my opinion, I have obviously been wronged by the dealership b/c this should have been paid in the beginning and this never would have gone this far. I also do not feel that the car lien holder made their best effort to get the dealership to pay the gap insurance policy. I'm thinking that I may need to pay the monthly payments the lien holder is saying I owe so the delinquent payments do not hit my credit report. Is it my responsibility to make those payments regardless of the fact that this process has taken an unreasonably long amount of time?


Asked on 4/04/07, 1:35 pm

2 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Collections on Totaled Car

Unfortunately it is your responsibility. But you can then look to the dealership to reimburse you for the money they caused you to spend because they were negligent in not filing the gap insurance. If it's under $5,000.00 you can go after them in Small Claims.

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Answered on 4/04/07, 6:24 pm
James Grissom Law Office of James P. Grissom

Re: Collections on Totaled Car

If you did not get the insurance you paid for (and you can prove it), there may be violations of the Insurance Code and other statutes as well as negligence and other claims. If you want to discuss your rights further, contact me by email. i can help you in your area.

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Answered on 4/05/07, 5:47 am


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