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Trouble getting my GAP coverage to accept the claim

Customer Question
for my 2013 Chevy Spark...
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: 1 year ago.Category: Legal
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Answered in 4 hours by:
4/11/2016
Lawyer: Phillips Esq., Attorney-at-Law replied 1 year ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19,812
Experience: B.A.; M.B.A.; J.D.
Verified
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: http://www.state.nj.us/dobi/consumer.htm 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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Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19,812
19,812 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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