by Guest » Mon Sep 08, 2008 09:55 pm
On April 12, 2008, I totaled my 2007 Hyundai Elantra. The accident was caused by a defected tire on my car. The right rear tire had a titty as they call it and it blew. I contacted the finanace company, the dealership, and the insurance company that day. I was told by the insurance company that I was covered. I had GAP Protection on my vehicle. To make a long story short, I was left with the balance because the insurance company claimed I didn't have full coverage. No where in my contract did it state that I needed full covereage for the GAP Protection to cover the car. I was paying $180.00 a month for two cars. The finance company came and got the car and auctioned it off. I am still trying to locate the tire so I can send it to Hankook. Hyundai refused to do anything about the tire because they claimed that because the tire was manufactured by them, it wasn't there problem. I kept reporting that tire to the dealership and they kept telling me there was nothing wrong. I need all the help I can get. No dealership will finance me because of the remaining balance on the car. What should I do.
Posted: Mon Sep 08, 2008 09:06 pm Post Subject:
What should I do.
Start with a new thread... I'm sure it will be moved.It drive me crazy when people use the term "full coverage". There is no such this as "full" coverage and the word "full" is extremely vague. When you obtain insurance an application is filled out and you sign it. If you signed an application that did not indicate collision coverage then this is not good. When a policy is issued you are sent a copy of the policy. If that copy did not show collision, it's not good. An agent worth 1/4 their weight would see that your vehicle is a 2007 and therefor probably financed. As such, they should advise that you take collision and comprehensive coverage. But I think the application might also ask for lien holder information. But bottom line, it's still up to you to take it. Also, your lien holder should make sure you have collision and comprehensive coverage. Perhaps you had not owned it long enough for them to be notified of this.
I'd recommend sending a certified letter to your lien holder putting them on notice that they need to keep that tire available. It might be too late though. If you can't get the tire, it pretty much ruins your chance of claiming against the tire manufacture.
Are you saying that prior to the accident you reported a problem with it to the dealership?
Posted: Tue Sep 09, 2008 05:31 am Post Subject:
Are you saying that prior to the accident you reported a problem with it to the dealership?
I'd rather think that he reported it to them a couple of times before, but they didn't seem too interested in it. He also has to say that the accident was caused by a defected tire. Now, over here I'd like to know for how long was this tire defected & since when! One thing I'm sure of is that they would not think beyond this point unless they are convinced that the damage was beyond any measure of natural depreciation. I'm saying this, since I see that they have rejected it every time a request was forwarded to them.
ArindamSenIndies
Posted: Tue Sep 09, 2008 06:28 am Post Subject:
I agree with tcope, we often use the word ‘full' coverage quite casually.
However, tcope, doesn't the lienholder require the car owner to carry the collision coverage on the financed car? And when he has the Gap insurance in place, doesn't it imply that the OP had the collision coverage on the car as well?
Just confused, hope you can clarify it for me :)
Posted: Tue Sep 09, 2008 07:30 am Post Subject:
Hi, we are required to know the exact verbiage of your policy document to apprehend what you were actually covered for.
was told by the insurance company that I was covered. I had GAP Protection on my vehicle. To make a long story short, I was left with the balance because the insurance company claimed I didn't have full coverage.
I believe that by full coverage you referred to the insurance coverage equal to the worth of the car. Well, full coverage doesn't imply that you will receive the entire amount on the car that you have paid on it. Your car is covered to the limit of its actual cash value and the value of the vehicle depreciates with time. Thus the claim check is always going to fetch you less than what you owe. The Gap insurance is then to cover the difference between the claim and the amount due on the vehicle.
Hope it clarifies a little.
~Jeremy
Posted: Tue Sep 09, 2008 08:43 am Post Subject:
I think the consumers are protected by the lemon law for the defective vehicles.
Every state has a particular set of laws that cover the customer against certain mechanical faults in the new vehicle, ensuring replacement of the car. I'm not sure if a defected tire qualifies for such protection under the lemon law or not, but investigating with the DMV might help.
The lemon law describes that the dealer can be held responsible for the breach of warranty if the vehicle suffers any imperfection that may affect the performance and safety of the vehicle, provided the car is still within the warranty period.
Thanks,
Rupert
Posted: Tue Sep 09, 2008 10:19 am Post Subject:
I'm sure it will be moved.
got it bud... :wink:The accident was caused by a defected tire on my car.
Are you sure of that? Did someone inspect this tire? If so what was said about it....The right rear tire had a titty as they call it and it blew
All new tires have 'tits' on them...don't know if we are talking about the same thing...the tits are the little tiny pieces of rubber that stick out a half an inch or so all the way around the tires...who was the tire manufacture and have you contacted them to see if there is technical bulletin or anything on this particular tire?Posted: Tue Sep 09, 2008 11:36 pm Post Subject:
are you sure they didnt state you needed full coverage?
whenever you finance a car, they ask you get full coverage. its in the contract.
good luck though.
did you look into the tire company? seems a bit dangerous for their tires to be that defective.
low.com/insurance
system edited-link deactivated
Posted: Wed Sep 10, 2008 06:05 am Post Subject:
whenever you finance a car, they ask you get full coverage. its in the contract.
Well, the OP has made rather contradictory comments in his post, he once wrote
I was told by the insurance company that I was covered.
But later in the same post he has also mentioned,
To make a long story short, I was left with the balance because the insurance company claimed I didn't have full coverage.
That actually has baffled me. He hasn't mentioned whether he was involved in a single car accident or there was another car involved in it. Well, at this point we can only make conjectures, but can't draw a solid conclusion.
Add your comment