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Advice regarding an accident I was in

Discussion in 'Auto Accidents, Injuries' started by Ortegas991, Mar 28, 2017.

  1. Ortegas991

    Ortegas991 Law Topic Starter Guest


    So I have a situation and I am unsure what to do at this point.

    The initial start of this was back on Feb 5th. My boyfriend got into a wreck. He was working at the time, delivering. He was issued a citation for Failure to yield. At the scene, the cop didn't ask us to exchange info with the other party. The other party driver was laughing during the entire accident. Cop also didn't ask us for our side of the story. I arrived a little later at the scene for support.

    Later on we filed a claim through Progressive, and they denied our claim after 2, weeks of waiting for them to give us an answer. They denied it because even though the delivery job is 15 hours a week, and my boyfriend was NOT advertising for the business, we do not have commerical insurance on the vehicle and they will not assist us.

    We then sought the employer who let him work there without the proper insurance. The company's policy only covers if the other party pursues us for medical coverages.

    So our final option was our GAP protection on the car. According to the agreement. We have 90 days to submit to them the required documebts. We told them our insurance denied our claim and we were wondering if the GAP would be able to help us. They sent out a photographer to take pictures of the car and we did not here from them for 2 weeks. We called in to check on the status and see if they need any further documentation, come to find out they pushed through the GAP and made the decision without consenting us first. They told us they totaled the car, ans sent out our $1000 check and we need to drop off the car at our insurance provider. I was confused by this because we didn't agree to anything and they pushed this. Since the GAP protection nullifies the original payment contract and we need to set up with them a new payment plan, they went ahead and tried to deduct the original monthly payment amount 2 times, putting the account into negative. From my understanding, we have 30 days after the GAP decision to contact the bank and set up a plan, but they are calling us 4-5 tines a day.

    We also asked that since we cannot have the insurance work this out, can we possibly have the salvage title so we can act as our own insurance and try and sell the car and give the bank the money. The bank said no, and that three is no salvage title for the car. We had a mechanic look over the car and had 8k worth of damage to fix it. It is a 2014 Ford focus with 30k miles.

    My concern is, they deemed this car as totalled, should there be a salvage title? And did they have the rights to push through the GAP protection in 2 weeks without our consent? And do they have the right to secure from our account when we are trying to figure out how we want to pay them back? Ive attempted call around to attorneys past almost 2 weeks and they want money upfront. I cannot afford one right now due to this situation. My boyfriend lost his job, and has not been able to make money towards this. Any help would be much appreciated!
  2. army judge

    army judge Super Moderator

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    When a car is totaled, most insurance companies will take possession of the car.
    I suggest you read the actual GAP policy to better understand the "why" and the "how".

    Don't bank on getting the car, or the one grand.
    The one grand was paid to the lender, and you must still owe something, too.
    You probably owe what your insurer refused to pay because the car was being used ac a commercial vehicle, rather than for your personal transportation.

    Bottom line, you have a mess.
  3. adjusterjack

    adjusterjack Super Moderator

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    The denial had to do with your boyfriend concealing the material fact that he was using the car for business.

    Personal auto policies are designed to cover business use of a vehicle provided that the insurance company knows about the business use and can properly underwrite the risk, decide to accept or reject it, and charge enough money for it if accepted.

    Every policy has a provision that allows an insurance company to deny coverage in the event of any concealment, misrepresentation, or fraud regarding the policy or the claim.

    You will find it in the General Provisions or Conditions section of the auto policy.
    leslie82 likes this.

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