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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17137
Experience:  B.A.; M.B.A.; J.D.
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Trouble getting my GAP coverage to accept the claim

Customer Question

Trouble getting my GAP coverage to accept the claim for my 2013 Chevy Spark which was totaled in 2015. I was cited with DUI and Reckless driving. They are claiming that they do not have to honor the claim becuase the "agreement does not apply to losses arising directly or indirectly out of any dishonest, fraudulent, criminal or illegal act by You or Your agents..." In NJ, a DUI is a traffic offense. A driving while intoxicated (DWI) conviction is not a criminal offense in New Jersey, it is a traffic offense. It will appear on your driver’s abstract with the New Jersey Department of Motor Vehicles (DMV) but it should not appear on a criminal background check because it is not a crime. DWI charges are governed by Title 39, the motor vehicle code, and not Title 2C, the New Jersey criminal code.
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Submitted: 6 months ago.
Category: Legal
Expert:  Phillips Esq. replied 6 months ago.
You are correct in your assessment of your claim. You need to file complaint against the insurer with New Jersey Department of Banking & Insurance for refusal to pay a properly submitted claim. Click on the link below to file your complaint: Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this. Thank you for your cooperation.

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