totaled car, with a lien, need money what to do?
dmcarst asked:
I got in a car accident that wasn’t my fault. I was driving my car that i was purchasing from my brother and hadnt transferd the title to my name yet. My dad cosigned with my brother on the car when he bought it and ended up filing bankrupsy three years later in 2000 through the same bank. The lien is still on the car and the bank says we owe for the bankrupsy debt. My brother had the car fully paid off. He was letting me take the entire claim check even tho it was twice what i paid him for the car. The insurance claimed it at 4900$ and money for some other things. Is there anyway i can see any of this money or get money for injuries i didnt see a doctor for or psychological trama etc.?
ok i bought the car from my brother for 2500 dollars, im not trying to just get money from them i need money for a new car cus i just paid off that car and i cant afford just loosing 2500 dollars and i cant really afford a loan with my college starting up and my other bills its not feasable right now. as for injuries i have permenent scaring but i dont mind that. Think what you want im not trying to con anyone just get a car to drive.
i dont understand why you guys are all being *** holes i never bought anything on credit, i make 5 grand a year cus i just turned 18 and cant get a decent job it was my dads bankrupsy that he had to file becuse of a devorice and he cant afford to give it to my now. I know i am lucky to not get more injured in the first place but i didnt get in a accident on purpose and it wasnt my fault but i lost 2500. how you wouldnt want to know if there was still away to get some money so your not flat broke with no way to get to school or work at the moment and the money i did have going into my school i am trying to figure it out. Oh and no public transportation besides rediculously priced taxies around here.
I got in a car accident that wasn’t my fault. I was driving my car that i was purchasing from my brother and hadnt transferd the title to my name yet. My dad cosigned with my brother on the car when he bought it and ended up filing bankrupsy three years later in 2000 through the same bank. The lien is still on the car and the bank says we owe for the bankrupsy debt. My brother had the car fully paid off. He was letting me take the entire claim check even tho it was twice what i paid him for the car. The insurance claimed it at 4900$ and money for some other things. Is there anyway i can see any of this money or get money for injuries i didnt see a doctor for or psychological trama etc.?
ok i bought the car from my brother for 2500 dollars, im not trying to just get money from them i need money for a new car cus i just paid off that car and i cant afford just loosing 2500 dollars and i cant really afford a loan with my college starting up and my other bills its not feasable right now. as for injuries i have permenent scaring but i dont mind that. Think what you want im not trying to con anyone just get a car to drive.
i dont understand why you guys are all being *** holes i never bought anything on credit, i make 5 grand a year cus i just turned 18 and cant get a decent job it was my dads bankrupsy that he had to file becuse of a devorice and he cant afford to give it to my now. I know i am lucky to not get more injured in the first place but i didnt get in a accident on purpose and it wasnt my fault but i lost 2500. how you wouldnt want to know if there was still away to get some money so your not flat broke with no way to get to school or work at the moment and the money i did have going into my school i am trying to figure it out. Oh and no public transportation besides rediculously priced taxies around here.
Can you say milking the cow until it’s all dried up? Sounds to me like you don’t have a claim for injuries. You can’t just claim injuries and expect “free” money. Insurance companies spend lots and lots of money to save money….can you prove any type of injury? Hospital visits, hospital bills, therapy sessions? I think you may not get the money for the car because bankruptcy court will award any proceeds of your brothers assests to the credit people so they can get their money…or whatever they can get. Expect lawsuits for that as well, for all the courts know you bought that car from your brother for a $1 before he filed for bankruptcy….fraud again.
Comment by Masho — October 10, 2009 @ 8:08 pm
the person that the tittle is in will be the one the bank willtry to get the money from, the insurance company from the person that was at fault will /should be the one paying the price of the vehicle to be replaced or fixed, if you didnt get a injury and never filed a claim at the time of the accident -you are out of luck unless you have a good lawyer, if the car was paid off the bank has no recourse and has no claim on the car unless it was used for collateral
Comment by wlh1us — October 14, 2009 @ 3:22 am
If I had the opportunity to pay old debts for my Dad, I’d consider it an honor. Pay it.
There are alot of good ways to get rich. Grubbing money from the insurance company is not one of them. Plus, being a real man is better than being rich.
Comment by Firebird — October 17, 2009 @ 4:27 am
The bank takes priority over you, your brother, and your dad. They are the legal owner, now you, your brother, or your dad, and their rights trump yours. If he settlement is more than the loan the REGISTERED OWNER of the car gets the difference; if the settlement is less than the loan the person who’s name the loan is in has to repay it.
As for any injury….what injury? You’re not injured. You’re looking for a windfall of some sort and for some reason think you are due something.
Comment by bundysmom — October 17, 2009 @ 5:39 pm
Lets see if I understand this. You were driving a car that wasn’t yours, that the bank has a lien on, you were not injured and have no medical bills, and yet think somehow you deserve to get twice as much as the car is worth out of insurance.
Yeah, right.
Now everyone else understands why insurance is so high for them.
Comment by oklatom — October 18, 2009 @ 1:18 am
be a man and pay of all debts first. even if you have to walk.
if you make a late claim and it is proved false you could go to jail; your getting more than you deserve be thankful that your not all broken up in a hospital.
Comment by jamesd — October 18, 2009 @ 1:35 pm
It’s NOT YOUR CAR, doofus….it belongs to the bank and/or whoever the court decided should get it or the money in the BK.
Psychological(?) trauma? Gimme a break. Dude, stop the cycle of being a loser, get a job, pay your bills and stop buying things on credit. If you don’t end this gimme-gimme attitude you will be filing BK yourself every three years.
Comment by Coastcowboy — October 18, 2009 @ 10:30 pm
You are not supposed to profit from insurance claims. The concept of auto insurance is to make you whole, not enrich you. It doesn’t sound as though you owned the car, so you’re entitled to nothing.
Comment by Scott H — October 21, 2009 @ 10:53 am
Ok…I think I understand what you’re saying here. Let me outline what’s taken place and how it can be resolved.
Q 1.What about the debt owed on the car?
—You’re fortunate here, because your name wasn’t on the title. You say your brother paid it off, but if that were the case the bank wouldn’t be looking for money. The two people on the title are responsible for paying it off. If your dad filed bankruptcy he can show that it was discharged to the lender and they will likely release him from owing. As for your brother, he will owe the remaining balance. If you were truly not at fault, legally you owe nothing.
Q2. How can you recover some funds for this loss?
—Your injury claim and the damage to the vehicle are entirely separate. In order for you to substantiate an injury claim you would need to gather medical bills and notes from doctors you saw in regards to your injury. If you didn’t see any, you’re SOL. The other insurance can’t appropriately gauge your injury claim without documentation that you were injured.
-Punitive damages for such things as psychological trauma and inconvenience are only awarded if an injury is substantiated. You have to understand that if you can’t back up your claim, an insurance adjuster can’t either.
Your brother may be able to take the other party to small claims court to pay the “gap” between the payment for the vehicle and the remaining balance. I **** to say this, but by doing you a favor he put himself at a financial risk.
So, he owes and you can’t collect. The moral of the story is carry GAP coverage if your car is upside-down and always keep all of your paperwork.
I’m glad everyone is alright. If all that comes of this is someone owing a few bucks, you’re all very fortunate in that no one was seriously hurt.
Comment by Hoorayforthat — October 22, 2009 @ 11:09 am
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