What can I do if I purchased a new car but neither the leinholder or car dealership obtained full coverage insurance?

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What can I do if I purchased a new car but neither the leinholder or car dealership obtained full coverage insurance?

I bought a new car about 15 months ago. At the time of the purchase, the dealership told me that I had to obtain full coverage insurance to complete the deal. I called my insurance company and got full coverage. They faxed over a copy of the insurance info to the dealership. I drove home with my new car. I have made every payment on the car and insurance. The other day, I hit a deer with the car and so called the insurance company. They told me that I do not have full coverage on the car and they will not cover it. I then called the dealership and they have the fax that was sent. However it does not say full coverage. This is either the car dealership’s mistake or the lienholder’s.

Asked on September 26, 2018 under Accident Law, Oregon

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The fact is that it was your obligation to make sure that your car had adequate insurance coverge before taking it out on the road. Accordingly, any liability form a resulting accident falls on you, not the lienholder the dealership.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, it is your mistake, legally. The obligation is on *you*, the car's owner (even if  there is a lien or security interest from the financing on the car, you are the owner), to review the coverage you got and make sure that it was what you wanted. You cannot move your responsibility to provide for the coverage you need and want onto other persons, so the failure to get collission or comprehensive is, in the law's eyes, your failure, and therefore the consequences of not getting it falls on you.


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