What to do if I rear-ended a car and sustained costly front end damage to my car which is financed but my insurance won’t cover the repairs?

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What to do if I rear-ended a car and sustained costly front end damage to my car which is financed but my insurance won’t cover the repairs?

I do have TLP Total Loss Protection with GGP from my dealer. Does that mean they’ll cover the remainder of the loan?

Asked on December 19, 2014 under Accident Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) As to whether the TLP Total Loss Protection with GGP will cover the remainder of the loan depends on the terms of that program or agreement; the protection is provided as per some written agreement or other written materials, and it will cover you when--and only when--the terms of the agreement say that it should. This question cannot be answered in the abstract: you have to review the specific terms or language to see when you are and are not covered.

2) If either your insurer or the TLP program does not cover you when you think they should under the terms of your insurance policy or the TLP program, you could sue them (e.g. your insurer; your dealer) for breach of contract and try to prove in court that under the terms of the policy or agreement as written, they should have covered you under these circumstances. If you win, you could recover the coverage amount.


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