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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 113425
Experience:  Attorney experienced in commercial litigation.
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My son was in a car accident on 5/25/14 and he was advised

Customer Question

My son was in a car accident on 5/25/14 and he was advised from the insurance company that the car was totaled on 6/6/14. He assumed the Finance company would work with the GAP insurance to pay off the remaining balance. Unfortunately when he applied for a car loan recently, he was told there was still a balance on the loan. So he submitted the information to the GAP company and was notified that the Gap insurance will not honor his claim because it is past 90 days. What options does he have?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The GAP provider is bound by the terms of the coverage he had in the GAP contract. He needs to get a copy of that contract first and foremost. Also, if he provided the information on the GAP insurance to the finance company, he will have to argue to the insurance company that he did file the claim within 90 days and it was the finance company's negligence for filing the required documentation. If the finance company refuses to assist in this matter, your son will need to get a local consumer protection attorney and file a breach of contract suit against the GAP provider and finance company as well to seek to get coverage provided under the terms of the contract.