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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10594
Experience:  Barrister 17 years experience
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I was recently in a car accident and I just found out about

Resolved Question:

I was recently in a car accident and I just found out about a thing called GAP insurance. I had never even heard about this today and it was not offered when I bought the car on finance. So now that the car is probably a write off I'm likely to be left with a huge amount still owed to the finance company. My question is, is the company I bought from or the finance company liable in any way?
Also the airbags did not deploy on impact (it was a head on collision) is this grounds for a claim? Possibly the company selling me a faulty vehicle?

Finance: Hitatchi
Car dealer: Carcraft Midlands
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. Firstly, you need to realise that a financing contract, such a providing car finance is not a contract which attracts obligations to inform the other side of all potential advantages such as GAP insurance. It would have been in everybody's interest that this had been pointed out to you, but the law does not impose any legal liability on the car financing company for not doing this. In law, you are expected to find and provide this insurance yourself if you want it. But the law does not intervene to impose an obligation on the finance company if it does not tell you about it.

Buachaill :

2. Secondly, the fact the airbags did not deploy on impact is grounds for suing for injuries caused as a result of this failure. Here you will be able to sue the person who sold you the car, Carcraft Midlands. However, you will not be able to sue the company who provided the finance - Hitachi. Any liability for defective apparatus in the car falls upon the person who sold you the car and the maker of the car. In your question you do not say who was the maker, but It appears it might be Hitachi. So you can sue them.

Customer:

Thanks for the speedy reply, as there were no serious injuries are there still grounds to sue?

Buachaill :

3. You can sue, but you will not get much money. The quantum of damages payable is based on any injury suffered due to the defect or any loss arising.

Buachaill :

4. Do you have any other queries?

Customer:

Only if you can advise on anything I can do that will mean I don't have a huge bill still to foot to the finance company even if I have no car?

Buachaill :

5. Without comprehensive insurance, or Payment Protection insurance, or the ability to sue the other party to the accident, I regret you won't have any other options to place the loss on someone else.

Customer:

Okay, that's what I was afraid of. Looks like I'll be in debt for some years to come. Thank you for your help in this matter.

Buachaill :

6. You are welcome. I am sorry there is no legal solution to your conundrum.

Customer:

If the brakes are found to be the root of the accident what would that mean for me?

Buachaill :

7. then you would be able to sue the manufacturer.

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