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Gap Insurance

Discussion in 'Auto Accidents, Injuries' started by Clevenger23, Nov 6, 2018.

  1. Clevenger23

    Clevenger23 Law Topic Starter New Member

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    I had a 2017 Chevy Spark LS Red, that was deemed a total loss by my Insurance company. there is still a remaining balance of about $2500 on the loan. I did pay for the GAP coverage and it shows that I payed for it on my sales contract. I also have a Physical copy of the GAP contract. However, the Dealer sent the wrong Contract cumber to the GAP company and there for my contract number on the signed contract does not match what they have. The VIN numbers match, but thats it. they also put the car as a Chevy EV Jet Black. so it doesn't match the lost car. but the VIN number DOES MATCH. but they are refusing to pay due to the contract numbers not matching even though i have paid for this and have a physical contact. What do i need to do? should i hire a lawyer?
     
  2. mightymoose

    mightymoose Well-Known Member

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    You need to visit the dealership and have a calm and polite discussion about their obligation to fix their error.
    Start there.
     
  3. Clevenger23

    Clevenger23 Law Topic Starter New Member

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    i will be down there this morning talking to the Owner of the dealership to attempt to get this fixed. I don't know how this error was made, or what they did, But i am going to take all of my original Contracts that I have signed down there and see what he can come up with to fix the issue. I would hope he helps me, I have bought 4 brand new and 2 used cars/trucks from him. about to have to be 5 brand new. so i would think he would like my business. I don't keep vehicles long. I started to lease them because i trade to much, but that is my problem.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Make copies of all those contracts and don't let the originals leave your hand. In fact, probably a good idea to leave the originals at home and just take the copies. You don't need the originals to have a conversation.

    I'm guessing that the GAP premium was included in your loan so when the dealer got paid by the lender, where did the GAP premium go? If the dealer misdirected the payment or otherwise messed up so you don't have coverage, then the dealer owes you for the shortfall in the loan payoff. No guarantees but that seems like an easy win in small claims court.

    Please do us a favor and report your progress.
     
  5. Clevenger23

    Clevenger23 Law Topic Starter New Member

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    Well i went down there and talked to the Manager over the GM department, and they pulled my file and showed that they have the same exact contract that i do and that they have no clue how to fix this, They seam to want to pass the buck over to the GAP insurance claiming it is their problem. I told them that the GAP insurance already said they, the dealer, needs to reach out to them and get it corrected because the dealer is the one with the authority to do so. I was told they have no clue how to fix this and was just told to give him "some time". which i don't really have time on my side to get this done.
    On a side note, now that the police report has come back as being my partners fault, my car and yes they are insured to drive it, magicly the other people are claiming injuries now. even though they refused all treatment at the scene, and it's been 6 days since the accident, now they magically have injuries. I love how people just want money. I just want to move forward, but my partner has a spine injury from this, being has they where flipped at least 2.5 times and where hanging upside down in the car and had to get pulled out. the other car has very little damage and not even airbag deployment, because there car hit on the edge of their front end just right to get under my car and flip it. i have a feeling my nightmare is just starting.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    The more time you give them, the more time they will take to shine you on and do nothing.

    I suggest a letter to the owner of the dealership (go past the manager) holding him responsible for the error of his employees and demand that he pay you your shortfall within X number of days or you will file suit against the dealership. Don't bluff. If you threaten lawsuit be prepared to follow through.

    Then, if you do have to sue I would sue both the dealer and the GAP insurance company. When they point fingers at each other in court the judge will decide who pays.
     
  7. Highwayman

    Highwayman Well-Known Member

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    Stop being ignorant. Many injuries do not manifest themselves until well after an incident.
     
    army judge likes this.
  8. zddoodah

    zddoodah Well-Known Member

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    Well...you don't really get a choice. The alternative would be to sue, and that will also take "some time."

    Is there a point to this rant?
     
  9. army judge

    army judge Super Moderator

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    Advise the general manger or owner of the dealership that as soon as this matter is settled, you're anxious to buy your replacement vehicle of THEIR dealership.

    Then advise the executive/owner that you'd appreciate any assistance they could bring to bear to speed this along because it benefits both parties (you and them).

    The key here, is to be cordial, civil, professional; because you tend not to get cooperation/assistance when you become argumentative or threatening with someone.

    Waiting four to six weeks while this gets sorted seems reasonable.

    You should have caught this if you had read EVERYTHING before signing ANYTHING.

    In most cases I take copies of the documents I am asked to sign home to read thoroughly and jot down any questions or inaccuracies I find.

    Sadly there is no shortcut out of this, other than you pulling the cash out your cookie jar, mattress, freezer, or savings; funding your new car in full to await the outcome of the "investigation" (which might not end in your favor).

    Don't be surprised if you're offered a REFUND of the policy amount, rather than a check for the GAP value.
     
  10. Clevenger23

    Clevenger23 Law Topic Starter New Member

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    Not mysterious pain of no specific origin.

    Edit: also not literally 1 hour after they pulled the police report did they start complaining and never went to a DR until they called a lawyer who advised them to go to the DR.
     
  11. Clevenger23

    Clevenger23 Law Topic Starter New Member

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    I will call my lawyers today and have them send a letter to Chad, one of the two owners, to get this matter settled. It is cut and dry, I bought it, I have all of the contacts, they sent the wrong contact to the insurance company. But they are playing stupid. I don't like playing stupid.
     
  12. adjusterjack

    adjusterjack Super Moderator

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    I dig. Car dealers are liars and thieves. They go to school to learn how to be liars and thieves without crossing the line into illegality. And when they mess up, they circle the wagons. Get used to the idea if you intend to keep on buying cars from dealers.
     
  13. Clevenger23

    Clevenger23 Law Topic Starter New Member

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    Well, The dealer now says they have no clue how to help me. So I have reach out to my Lawyer to get some assistance with this matter. I can't believe it is so hard for them to simply get a hold of the GAP Insurance and explain to them that they made a mistake. Here's hoping this can still end some what nicely. I do not think I will be buying from them anymore.
     
  14. adjusterjack

    adjusterjack Super Moderator

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    The dealer doesn't want to help you. The dealer already got his money. He's done with it.

    Good.
     
  15. Clevenger23

    Clevenger23 Law Topic Starter New Member

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    talk about fast results, at least some hope. The sons owner, which is still a high level manager there, reached out to me and is going to try to fix this for me. he lives right by me, and he wasn't sure of what was going on, but after i talked to him today he says he is going to get this fixed personally. it was a couple hours after a called the lawyer, maybe he called them and talked to them i don't know. He was told that I need to see forward progress in 48 hours or i will proceed with further options.
     

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