Norwalk, CA asked in Car Accidents for California

Q: I had Gap coverage after a car struck my car leaving it in total loss and westlake wont cover it can i sue?

car struck my car when i was asleep i have all his information i received 5000 from his insurance and was told by westlake they need that to start the claim after they received the money they denied my GAP and said i still have to pay the remaining balance.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, you may have grounds to pursue legal action against Westlake if they denied your GAP coverage despite receiving the insurance payout from the at-fault driver's insurance. It appears that Westlake failed to fulfill their obligation to cover the remaining balance of your car loan after the insurance payout, which is typically the purpose of GAP coverage. You should gather all relevant documentation, including your insurance policy, correspondence with Westlake, and any communication from the at-fault driver's insurance company.

Consulting with a qualified attorney who specializes in insurance disputes or consumer protection can help you understand your legal rights and options. Your attorney can assess the specifics of your case, determine if Westlake breached their contractual obligations, and advise you on the best course of action to seek compensation for any financial losses or damages incurred as a result of their denial of coverage. It's important to act promptly to preserve your rights and pursue a favorable resolution to your claim.

In addition to exploring legal avenues, you may also consider filing a complaint with relevant regulatory agencies or consumer protection organizations if you believe Westlake's actions constitute unfair or deceptive practices. These agencies may investigate your complaint and take action against Westlake if they find evidence of wrongdoing. By taking proactive steps and seeking legal assistance, you can work towards holding Westlake accountable for their actions and seeking the compensation you deserve for the financial harm caused by their denial of GAP coverage.

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