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QuestionInsurance Question  My insurance lapsed for about two months. I had an accident, no one hurt but my car was totaled now my bank wants their money. Should I not have been covered under the forced insurance in Florida state?

AnswerAuto Insurance Answer

No, you would not normally be covered by any insurance if you allowed your policy to lapse. If your lien holder was notified by your insurance company that you allowed your insurance coverage to lapse then they may have placed "forced" insurance on your vehicle however this would not cover you in the event of an accident such as the one you had that totaled out your vehicle.

If your policy lapses in Florida or any other state the financial institute which has the title to your vehicle and to whom you are making payment to may place forced coverage (obtain a policy) on the vehicle and add the expense of doing so to your loan. Forced coverage provides protection to the lien holder, not you, for their interest in the car and nothing else.

Whether your lien holder was aware of the lapse and if they placed forced insurance on it would be something that you could discuss to them. Since likely your loan or lease paperwork required you to have liability and physical damage coverages on the vehicle until it was paid off, and you did not, then it would usually be your responsibility to continue to pay off the money owed on the car since you did not have the mandated insurance on it. Even if they had forced insurance on the vehicle this would be the case since that insurance policy would be in place to protect their interest in the vehicle, not to pay your balance due if the car is found to be a total loss.

If you have questions about your situation and forced insurance in Florida you can contact the consumer division of the Florida Department of Financial Services, the insurance regulator for FL.

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