Who would be responable for covering the claim on my stolen truck the Ins Co , Lien holder, Gap ins or me?

UPDATED: Jun 15, 2009

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Who would be responable for covering the claim on my stolen truck the Ins Co , Lien holder, Gap ins or me?

On 5/07 I bought a new 2008 Ford 350 truck and b-4 i could drive it off the lot I needed to provide full coverage ins, I called my ins co while I was at the dealership and told them i needed full coverage and they faxed over the paper work and off I was. My truck was stolen and when I called the Ins Co they told me that I have never had comprehensive or collision coverage. Isn’t someone suppose to notify me of not having full coverage? and if so could i push the issue of them being responsible by law? your help is appreciated Thanks

Asked on June 15, 2009 under Insurance Law, Florida


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm not a Florida attorney, but I know that quite a few states have laws that require people selling motor vehicle insurance to be very clear with customers about what is and isn't being provided as far as coverage choices.  You need to see an attorney near you, who can review all of the facts of your case, and give you reliable advice about what to do next, and who can negotiate for you.

I think you may be in relatively good shape here.  I'm sure that since you financed the truck, the people at the dealership you were working with told you that you had to have the full coverage for the loan, and maybe, if you're lucky, one or more of those people are still there and might remember hearing you call the insurance company.  If you're really lucky, they might have the fax, and it might show full coverage.  It may also help if your truck insurance policy shows the loan company as the loss payee.

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