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BizAttorney
BizAttorney, Attorney
Category: Legal
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Experience:  Over 12 years of business and legal experience.
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Being sued for a destroyed totaled car four years ago. Breach

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Being sued for a destroyed totaled car four years ago. Breach of contract. Car had full insurance and GAP insurance.

BizAttorney :

Good evening! I can help you out with your legal question tonight. In order to better assist you, I need you to answer a few questions. What contract are you referring to, a purchase contract for the car?

Customer:

Good evening

Customer:

yes, I purchased the car in 04

BizAttorney :

I see, then you crashed it in 2009 and they want you to pay the remainder of the balance?

Customer:

I believe so, the paperwork served does not give much detail. The car had full coverage and GAP insurance.

BizAttorney :

Did you report the crash to your insurance company back in 2009?

Customer:

Yes, the same time it happened.

BizAttorney :

And what was the result of your claim

BizAttorney :

?

BizAttorney :

Did your insurance company pay any money?

Customer:

As far as they had told me, yes they did, insurance is USAA.

Customer:

the suer is Wells fargo and I have all paperwork turned in to them with the claim number and such from USAA and also the paperwork from Hyundai for the GAP insurance.

BizAttorney :

I would first start with USAA to see what was paid. It obviously didn't pay your lender for the crash, so unless it paid you, then they didn'bt pay.

BizAttorney :

You should report this lawsuit to USAA, they should defend you.

Customer:

I have done so and just requested paperwork on the events from them.

BizAttorney :

That is perfect. That is really all you need to do.

Customer:

Do you know about GAP insurance?

BizAttorney :

Yes, I do.

BizAttorney :

That is basically insurance for if your car is totalled and you are underwater in it.

Customer:

perfect. Under these circumstances, can I claim in any way monetary compensation via slander, defamation of character or any other circumstances?

Customer:

GAP is if the car insurance does not pay the complete amount owed, GAP will pay the rest.

BizAttorney :

No, nothing for slander, defamation of character or anything like that.

Customer:

I was not late with payment or at default

Customer:

They are requesting....

BizAttorney :

Perfect, your insurance should cover the damage.

BizAttorney :

Then you will pay Wells Fargo.

Customer:

$1,651.89 principal, 1,300.15 interest and 95 court cost. I was never notified in any way shape or form prior to being served with this suit.

BizAttorney :

How did you find out about it?

Customer:

I never handled any money. All moneys were handled by USAA and GAP.

Customer:

I was served this past Friday by a constable.

BizAttorney :

You will need to file an answer within 20 days of Friday. You need to make sure USAA has a copy of the complaint.

Customer:

ok, I can answer tomorrow without any problems. I'm a disabled veteran and do not work.

BizAttorney :

You sound judgment proof.

Customer:

On the paperwork stapled with the complaint they show a copy of the sales contract which shows the GAP insurance payment also. I'm baffled at this and very confused.

Customer:

That is why I am asking if I can counter sue for compensation.

BizAttorney :

They just didn't get paid and know you have insurance that can pay them. That is why they are suing.

Customer:

But, USAA has told me and showed me where they got paid.

BizAttorney :

You can't counter sue them, they are owed money for the car, regardless of whether it is wrecked.

BizAttorney :

Then that will be their defense, but they are to defend you.

Customer:

Do you then believe that I can handle this without legal counsel?

BizAttorney :

Yes, I do.

Customer:

You have saved me money and I really thank you.

BizAttorney :

You are very welcome! Have a good night and please leave me feedback before you go.

Customer:

With this amount, is this small claims court or superior?

BizAttorney :

small claims.

Customer:

Perfect, thanks for your time and help. and yes I'll leave feed back

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