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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34342
Experience:  16 yrs. of trial experience
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My husband and I purchased a vehicle on May 21, 2015. We resigned

Customer Question

My husband and I purchased a vehicle on May 21, 2015. We resigned paperwork on 5/31/15 because the dealership was able to find a credit union who would finance the vehicle at a lower rate. 5 days later on June 5, 2015, I was hit head on by a driver who was driving to fast for road conditions and lost control. As we sort through paperwork, reported the accident to the insurance company, the other driver was found 100% at fault. Ok, his insurance will only pay the cash value of the vehicle, which would leave us upside down on the loan, right. Many people including the salesperson said that the GAP insurance, would cover the difference. As we reviewed our paperwork to find out who the GAP insurance company is, we discovered that the paperwork reflected we declined this insurance. However, at no time did we have a discussion about GAP insurance with the dealership. They never mentioned it nor discuss the pros and cons of having it or not or even the price of it.
Submitted: 2 years ago.
Category: Legal
Expert:  P. Simmons replied 2 years ago.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.Sorry, not sure I understand the question. Are you asking if the dealership was required to brief you on gap insurance?
Customer: replied 2 years ago.
I guess that is what I am asking, especially because the section regarding services, coverage, products that were typed up prior to us coming in reflects declined.
Expert:  P. Simmons replied 2 years ago.
Thank you And that page...did you initial it? Sign it?
Customer: replied 2 years ago.
My husband signed it and as the co-buyer I did not because I was not asked to.
Expert:  P. Simmons replied 2 years ago.
Thank you.So I want to make sure I understand...he signed the paper but did not review it?
Customer: replied 2 years ago.
Let me give you the scenario as it relates to us signing these documents. We were instructed to sign based on a highlighted color, yellow for me, blue for him. I guess you can say that. The finance director did not discuss what we signed or what he wanted us to sign before or after to determine if we understood the documents.
Expert:  P. Simmons replied 2 years ago.
I am sorry to be the one to bear bad news.
If you were offered the ability to review the documents before you signed them, the dealer met its obligation under the law.
The dealer is not required to provide customers with legal advice regarding contract language. The court presumes that the customer has the ability to review a purchase contract and will hold the customer to the terms of the contract if they agree to the purchase.
So the fact the dealer did not go over the gap insurance paperwork is not going to be a basis to sue them.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that this would be a basis for a lawsuit, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 2 years ago.
So, it is perfectly ok for the dealer to say we declined something that was not offered or discussed? This dealership also stated that all finance transactions are audio and video recorded. This was a revelation as we were not informed of that either. Hypothetically speaking how long would I had to purchase GAP insurance if there was not an accident or if they actually informed me about it and I verbally declined it or accepted it and changed my mind.
Expert:  P. Simmons replied 2 years ago.
sorry...I may have missed this....I thought you said they gave you the ability to review the document and your spouse that not accurate?
Customer: replied 2 years ago.
Also there was no GAP contract paperwork presented to us that indicated that it was a GAP contract and how much it would cost. My daughter purchased a vehicle a few months back. Because of this very situation, we checked her paperwork and she actually has a totally separate document that reflects "Total Loss" Insurance, the name, the cost, etc. This was not so in our case. Same city, different dealership.
Expert:  P. Simmons replied 2 years ago.
I will opt out and send this to another attorney who may be able to assist. I wish you the best of luck through this
Customer: replied 2 years ago.
Sorry, I missed your above response. There was no separate document for GAP insurance given to us. There was a 1/2 sheet document that reflects mandatory disclosure. One side was had the bumper to bumper warranty, which they full explained to us, went over the brochure with all the features. The other had declined products, which included a warranty for tires, ding, dents on the car and if damage occurred to the windshield. We initially were told about these two products in full detail the first time we signed paperwork on 5/21/15. When asked about the 2nd coverage, without me even knowing about this 1/2 sheet document and the content of it. We were told the credit union would not finance that warranty. Now I would think would all of this hoopla, they would have went to the same extent to tell us about and explain the pros and cons of GAP and why we may want to consider it.