Legal Question in Insurance Law in Georgia

Hi, I was in an accident and my car was deemed a total loss. My car has 2 lien holders. My insurance made the mistake of paying my second lien holder first( they do NOT have the title). My first lien holder is refusing to accept a lower payment. My insurance is going to pay the first lien holder the complete balance and since the second lien holder has already closed the account, they will open a loan for me to pay the insurance back for the over paid amount. Should I have to pay for the insurance's mistake?

I have not spoken to the agent assigned to the case and it has been opened since the 17th of October. Also, I have been in constant contact with other agents for them to know not to make this mistake. The Lien holders have also been in contact with them and have been unsuccessful on multiple accounts.


Asked on 12/02/15, 10:34 am

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Your post is not clear, and you do not provide us with the bottom line details. Would the insurance have paid off both loans? If not, how much would you have still owed? You should not have to pay for the insurer's mistake and they should bear the burden of fixing it, but that does not mean you get out of paying your remaining debt. You left out those details.

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Answered on 12/02/15, 1:18 pm


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