Miami, FL asked in Consumer Law, Contracts and Car Accidents for Florida

Q: What are my options if my GAP insurance doesnt want to Cover my Balance after a total loss in FL?

I was in an accident and received no citations but my car was declared a total loss. I was promised no storage fees from the body shop my vehicle was held in while waiting for a decision from insurance. They ended up chsrging over $5k in storage fees which my insurance then deducted from the settlement. The final balance was negative because of this deduction plus another deduction for supposed comparative negligence on my end (I provided dash cam video of the accident)! Then I thought I was safe because I had GAP but they refused my claim with a variety of explanations that are nowhere to be found on the GAP waiver I signed. Now I’m stuck paying $12k for a car that’s not in my possession, for an accident that wasn’t my fault.

1 Lawyer Answer
Linda Liang
Linda Liang
  • Boca Raton, FL
  • Licensed in Florida

A: Unfortunately, this does happen. The storage facility will charge storage and unless you got the promise that there were not going to be storage charges in writing it will not be binding. GAP Insurance ordinarily covers the “gap” between what is owed in the vehicle and the fair market value the insurance company will pay when declaring the vehicle a total loss. Under Florida Law, the insurance company has to pay for the fair market value of the vehicle. We would need to review your Gap Insurance policy to see if they would cover storage fees. We are unclear what you mean by a settlement that did not cover all the storage fees and were deducted. Did you bring a claim against the driver responsible for the accident? Was it a single vehicle accident? Did you retain an attorney to represent you? Who paid for the vehicle your insurance company or the driver responsible for the accident’s insurance company? We have these questions since your speak of a settlement not covering the full amount of the storage fees and leaving you in a negative.

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