What cab be dine if I didn’t get the GAP insurance that I was suppossed to have gotten?
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What cab be dine if I didn’t get the GAP insurance that I was suppossed to have gotten?
A relative who just returned from his second tour, borrowed our car. No one was hurt or property destroyed and he has minor bruises but The insurance company thinks the car may be totaled so that got me looking to into my gap ins. My retail installment sale contract has my signature where it says I would like to purchase optional gap coverage but for the term and gap company there is an NA. I told the dealer I wanted gap coverage, signed where it told me to sign but it appears it was not added and I was not charged for it. I contacted the dealership and asked them about it, and they said “that person obviously doesn’t work here anymore” and since the term and company are both NA, I have no GAP coverage. Can anything be done?
Asked on April 28, 2014 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If you were not charged for it, you probably have no recourse--if you had paid for it and not received it, there are several theories (unjust enrichment; breach of contract) under which you could recover compensation, but without paying, those remedies are not available to you: there was no consideration for a contract, and they were not enriched. Furthermore, you say that the agreementt says "NA"--even if you thought you were getting the gap coverage, you are held to the terms of the agreement you signed (the law presumes people read, understand, and agree to what they sign), and that agreement says that the coverage is "not applicable." From what you write, therefore, you do not seem to have any recourse.
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