QUESTION

Can a bank or lender contractually make me agree to lower my auto insurance deductible to $500 instead of the $1000 I have it set at right now in Ga.

Asked on Feb 25th, 2014 on Contracts - Georgia
More details to this question:
Exeter is telling me I do not have adaquate ins on my wife's 2010 infinity simply because the deductible is $1000 which makes my premium fit very well within our budget. We have had the vehicle for 3 months and are being told we need to make a change to our policy.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If the lender has loaned you money which is secured by the vehicle, it has the right (and this is set forth in your loan agreement - the lender would not have loaned you the money if you had not agreed to this) to insist that you maintain sufficient insurance so that its interest in the car is protected.  HOWEVER, you say you have had the car for 3 months.  Normally, the lender would require proof of insurance before loaning the money, which would mean that the lender agreed to the loan even after knowing what your deductible was.  Arguably, therefore, it has waived the right, or is estopped from, insisting on the lower deductible.  HOWEVER again, if the lender insists, it will cost you far more to fight than to pay the higher premium, and may affect your credit.
Answered on Feb 25th, 2014 at 6:39 PM

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