Can I get a car dealer to pay for physical damage to my car if they did not contact my insurance company?

Question

I'm 25 and had purchased a brand new 2006 Subaru WRX back in August. I was trading in a 1997 Honda CRV which I have had since HS. The dealer gave me a temporary title and registration and advised me that they would contact my insurance co. to let them know I had bought a new car. They said the only reason why they would call me was if my insurance co. required me to talk to them directly. A few weeks went by and since I didn't hear from them, I thought everything was OK. Last week I was driving home and a deer hit the front left fender area of my car. I filed a claim with my insurance company, but they advised that my claim had been denied because I had failed to notify them within 14 day of the purchase. I should have known better than to trust the dealer, but this was my first big purchase and besides being caught up in the excitement, I figured they knew what they were doing. My insurance co. has no record of them calling. Is there any way that I can get them to pay for the damages?

Answer 1

Guess what? They were wrong! No one can make changes to the policy like adding or deleting a vehicle except the insured. Oh, this annoys me so much! It happens all the time. People buy new cars, the dealer tells them they'll call to add it, and they believe it and do nothing. It is your responsibility as the owner and the insured to make that change. You should automatically get 30 days of coverage from the date of purchase, but after that, you're uninsured on that vehicle. In reality the dealer usually just calls to make sure you have a valid policy with a car on it so if you drive the car off the lot you are insured (because they know as well that you are covered for an additional vehicle for at least the first 30 days- not sure where the 14 comes from but insurance varies by state, and your contract may read differently so maybe you got only 2 weeks of coverage). Even if they had called, the carrier would have told them that you have to add it.

You can try to get the dealer to pay, but I'm sure they know their obligations and in this case they were not obligated to add your vehicle for you, so they really aren't obligated to fix your damages or pay for it to be done. Sorry to bear bad news.

Answer 2

YOU have to call your insurance company because only YOU can make changes to your policy (ie. removing a vehicle and adding on a new one)...so on top of not having insurance on your new vehicle, you have been paying to insure a vehicle that you no longer own.

Answer 3

I DON'T THINK THAT ANY DEALER WILL LET YOU TAKE THE CAR OUT OF THE LOT WITHOUT PROPER INSURANCE(THEY CARE LESS IF YOU PAID IN FULL)FINANCE COMPANY'S FIRST REQUIREMENT IS FULL COVARAGE ON THE VEHICLE.BUT TALK TO THE DEALER AND IF NECESSARY TAKE THEM TO THE COURT.BY LOW THEY CANNOT ISSUE TEMPRORARY REG.WITHOUT SEEING THE PHYSICAL INSURANCE CARDS.
GOOD LUCK
NYS REGISTERED MV DEALER

Answer 4

No. Insurance updates, transfers and premiums are soley the responsibility of the policy holder.

Answer 5

if you get no where with them ask about having it covered under "absolute liability clause" as you were making the payments,which means you were still insured under the old car policy,never trust the dealer with something this important

Answer 6

Unless they gave you something in writing, I doubt they'll admit that they told you that. I'd still raise a big stink and threaten to take them to court. It is however, your responsibility, as you know. Good luck.

Answer 7

no, it was your duty to notify your insurance carrier and make
all the necessary changes