Comments on: totaled car, with a lien, need money what to do? http://filingforbankruptcysite.com/totaled-car-with-a-lien-need-money-what-to-do Filing For Bankruptcy Fri, 10 Feb 2012 01:01:05 +0000 http://wordpress.org/?v=2.9.1 hourly 1 By: collection agency company http://filingforbankruptcysite.com/totaled-car-with-a-lien-need-money-what-to-do#comment-2639 collection agency company Thu, 09 Feb 2012 17:33:03 +0000 http://filingforbankruptcysite.com/totaled-car-with-a-lien-need-money-what-to-do#comment-2639 <strong>…[Trackback]...</strong> Reply post here... …[Trackback]…

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]]> By: Hoorayforthat http://filingforbankruptcysite.com/totaled-car-with-a-lien-need-money-what-to-do#comment-765 Hoorayforthat Thu, 22 Oct 2009 16:09:21 +0000 http://filingforbankruptcysite.com/totaled-car-with-a-lien-need-money-what-to-do#comment-765 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. 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.

]]> By: Scott H http://filingforbankruptcysite.com/totaled-car-with-a-lien-need-money-what-to-do#comment-764 Scott H Wed, 21 Oct 2009 15:53:20 +0000 http://filingforbankruptcysite.com/totaled-car-with-a-lien-need-money-what-to-do#comment-764 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. 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.

]]> By: Coastcowboy http://filingforbankruptcysite.com/totaled-car-with-a-lien-need-money-what-to-do#comment-763 Coastcowboy Mon, 19 Oct 2009 03:30:39 +0000 http://filingforbankruptcysite.com/totaled-car-with-a-lien-need-money-what-to-do#comment-763 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. 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.

]]> By: jamesd http://filingforbankruptcysite.com/totaled-car-with-a-lien-need-money-what-to-do#comment-762 jamesd Sun, 18 Oct 2009 18:35:45 +0000 http://filingforbankruptcysite.com/totaled-car-with-a-lien-need-money-what-to-do#comment-762 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. 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.

]]> By: oklatom http://filingforbankruptcysite.com/totaled-car-with-a-lien-need-money-what-to-do#comment-761 oklatom Sun, 18 Oct 2009 06:18:33 +0000 http://filingforbankruptcysite.com/totaled-car-with-a-lien-need-money-what-to-do#comment-761 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. 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.

]]> By: bundysmom http://filingforbankruptcysite.com/totaled-car-with-a-lien-need-money-what-to-do#comment-760 bundysmom Sat, 17 Oct 2009 22:39:49 +0000 http://filingforbankruptcysite.com/totaled-car-with-a-lien-need-money-what-to-do#comment-760 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. 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.

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