The last week of August, my vehicle, 2016 Dodge Dart was totaled due to a deer. It has been almost 2 months and still my insurance provider has not paid on my loan. I also have gap insurance, and they won’t pay until insurance pays.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Oct 11, 2019

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Insurance Question from Grant Township, MN

Asked on 10/11/2019

The last week of August, my vehicle, 2016 Dodge Dart was totaled due to a deer. It has been almost 2 months and still my insurance provider has not paid on my loan. I also have gap insurance, and they won’t pay until insurance pays. I am still making car payments on this loan. How do I get this done?

Answer given on November 15, 2019

If a car is considered a total loss due to a collision or by striking an animal, the insurance company usually has a set amount of time to settle the claim, collect the title and issue a check to the policyholder.

You need to contact your agent and/or insurance company to find out why there is a delay in the settlement. While the lender holds title, the amount that the insurance company will pay is set by the actual cash value of the car, and that should not be delaying the closing of this claim. You might also contact the bank, to be sure that they have not yet been paid by the insurance company. It is possible they have actually received payment, but that you were not informed of this by either the insurance company or the bank. Once it is resolved then the gap insurer can pay off the remaining balance on the car and you can go forward with obtaining a new car.


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