Orlando, FL asked in Consumer Law and Car Accidents for Florida

Q: I made a car payment and it cleared my bank on 3/22/2018. Actual payment date is 3/23/2018.

On March 23, 2018 at 7:08am, the car was a total loss in an accident. I have Gap insurance so whatever the difference in loan and payoff, it is covered in full. Should the loan company refund my payment since there was no car to pay on the actual payment date?

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3 Lawyer Answers
Steve Louis-Charles
Steve Louis-Charles
Answered
  • Personal Injury Lawyer
  • Miami, FL
  • Licensed in Florida

A: Look to the written terms of your gap insurance policy. The answer should exist in its details.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Personal Injury Lawyer
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: Your agreement to purchase the car on time and the obligation to pay the same has nothing to do with the accident and ultimate total loss of the vehicle. I personally do not think that you are entitled to a refund of the payment.

Hope this helps and good luck,

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Wait until the dust settles. You may then ask for a rebate for the period AFTER the date of the wreck. I.e. from 3/24 on.

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