Jacksonville, FL asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Civil Litigation for Florida

Q: Can my car leaser add damages to my credit if I choose to return it damaged even though I have gap insurance.

Hello. I want to return my car because I plan on buying a house early 2022 and don't want a car payment listed as a bill when I apply for loans. I got into a wreck last month. I only have pip insurance. It's a fairly large dent in the driver side of the door. The person's insurance and my insurance are still sorting out details. The price for fixing it was qouted at $1600.

To my knowledge, you don't have to ask your dealership if you can return your car in Florida. I'm caught up on the payments and have actually paid $100 more than the KBB value as of writing this and have 20 more payments to go.

My question: If I just choose to give it to them can they go after my credit for damages even if there's gap insurance on the car?

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Tallahassee, FL
  • Licensed in Florida

A: Your plan has serious flaws in it, not the least of which is a possible legal claim from the dealer seeking the remaining monthly payments that you agreed to pay at the beginning of the lease.

Whoever told you that you can just return a badly damaged leased car to whoever leased it to you has misstated Florida law.

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