My car is totaled and I owe more than it's worth
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- čas přidán 14. 07. 2024
- Chicago personal injury lawyer Barry Zlotowicz here with the LawFull channel. If you haven’t figured it out yet, this channel is a great place for you to check out short videos on the legal topics that affect our lives. If you haven’t subscribed yet please click the button below. And if you have any questions or comments, feel free to reach out to me. If I can’t help you, I’ll find someone who can.
Dealing with a totaled car after an auto accident is a lousy experience. Let’s just get that out of the way. Let alone the fact that you have to deal with an auto insurance company. But, what happens if my Car is totaled and I owe more than its worth? In other words, you are upside down in your car. It’s a big problem.
According to Experian Automotive, around 86 percent of new car buyers finance their vehicle and the average new car loan is about $30,000 for roughly 68 months. So, people are financing millions of vehicles. As such, drivers who get in an auto accident are often faced with paying money owed on newly purchased vehicles long after their vehicles were declared a total loss.
So for example, let’s say you purchase a car for $30,000. You put $1,000 down and you finance $29,000 through a bank or the auto dealership’s finance company. A few months later you are involved in an accident and your car is totaled. You file a claim with your auto insurance company and they determine that the actual cash value (ACV) of your vehicle is $25,000.
What happens? You have an upside down car loan. Your auto insurance company will write a check directly to your finance company for the ACV of your vehicle and you owe the remaining balance outstanding of $4,000 or whatever it is. It’s unfair, you did not cause the accident but you are still on the hook for the balance outstanding.
So what do you do? Just call a lawyer? There’s not a lot a lawyer can do in this situation. The only way you can protect yourself from this situation is to purchase Guaranteed Asset Protection or GAP insurance. If your car is totaled, GAP insurance will cover the balance owed on the vehicle. So, in the situation above, your GAP insurance would have covered the difference between the $29000 you still owed on the car minus what the car was actually worth or $25000.
You can purchase GAP insurance when you purchase your vehicle from the dealership or you can likely purchase it from your auto insurance company.
Is it worth getting gap insurance? It just might be. I have a client who was just injured in a car crash, owed much more than the car was worth, but fortunately had gap insurance which paid for the difference between what she owed and the ACV of her vehicle.
How do you pay the balance owed if you do not have GAP insurance? Generally speaking, my clients in this situation have been able to continue to make their monthly payments until the balance is paid off. You may also be able to contact your finance company and figure out an alternative payment arrangement.
That’s not much help though to someone who just lost their investment in a vehicle including their down payment, has to pay money for a vehicle they can’t drive and may not have money for a down payment on a new vehicle.
If you are unhappy with your total loss car insurance settlement, you do have the option of contesting the valuation of your vehicle. You can try to get your own appraisal from a resource like Kelley Blue Book. That probably won’t work and as such, you will likely have to hire an appraiser to provide a new appraisal to give to the insurance company.
If that doesn’t work, you will have to demand arbitration from your insurance company. Now, if you are dealing with the insurance company for the driver who caused the accident, your option would be to file a lawsuit.
Now most personal injury attorneys won’t get involved in a matter that only involves property damage. It’s not that I don’t want to help or they don’t want to help. It’s just that as an injury attorney, I get paid on what’s called a “contingency” basis meaning I get paid out of your recovery for your medical bills and pain and suffering. We don’t get paid on property damage. Unfortunately, that will normally leave you with representing yourself or paying an attorney on an hourly basis to represent you.
Thanks for checking out this video. Subscribe to this channel for more short videos on legal topics. And if you need any help, reach out to me, if I can’t help you I’ll find someone who can.
*** If you get into an accident and you have full coverage, look into filing a claim for loss of value. You pay insurance for a reason, most insurance agents sell it backwards because they get a cut.
It happened to me and I did not have GAP, a mistake I won’t make again. My credit union immediately converted the balance into a personal loan and approved a loan for me to buy another car. I paid the 4000 on the personal loan with no less than a year.
Sorry you went through this but glad you got it worked out....
Thank you so much for taking the time to make these.
Thanks very much for that.
Great information and straight to the point, thanks!
Hello, thanks very much!
Thanks, great help Sir.
Unfortunately you’re right most people owe more than their worth which is negative equity which is why so many people will probably never own a home
Yeah I screwed myself not knowing what I was doing and now I got a car that’s not close to the asking price 😭😂
@@PNWAdventures541what are you paying lol
@@kaneonrachal5841 got out of that car not long after that comment lol
how did you get out?
Best video I saw to finish my total loss claim. Good thing I bought gap insurance.
I just got into a hit and run . Pickup truck hit my parked car into my neighbors car and flung it down my street . I reported it to both my insurance company and the police was the one that notified me it happened ( police made a report as well) . I found out this dude info and his insurance policy . What do I do next ?? My insurance has already paid my lender my car value but there’s a remaining balance . I’ already signed my car off to my insurance company. My remaining loan was $10,890 , my car value was 5,600 and the deductible was $1000 so they paid my Lender $4,800 and there’s a remaining balance of $6,000 and something on the loan . I don’t know what to do .
Same!! In my case the lady insurance is paying for my car damage. I still owe 26k on my 2014 toyota camry
I'm gone see in the morning after they decided if it totaled or not because they not getting this car. I'm gone take this dam car.
A lot of major insurance companies go with a 3rd party appraisal. They don't use Kelley blue book, they go off of what is being offered online. Based on mileage and extra bell and whistles. You absolutely can negotiate. If yih see a car on the market with same mileage, give or take, they are suppose to give you based on how they determine the value.
The insurance company tried to low ball us on a limited edition vehicle. The agent said it was based off the 3rd party appraisal. So we did our own research and our own rebuttal. We also were ready to take legal action. We spoke to the 3rd party who appraised the vehicle, and he could not argue. We got what our car was worth. Keeping full coverage is great for valuable vehicles.
Hi Sir,
Firstly thank you for sharing the video.
My case
I met with an accident which was not even my fault a car hit my car from the back.
Later the Autobody guy gives the estimate of $14500 of repairing cost
I bought the car brand new including taxes for $37000 it wasn’t even 2 years old.
I disagreed to repair when my insurance guy called in to let me know the cost of repair, I requested him to write off as the current market value of my car(used with same km run) is around $30000- $32000
the repair cost is literally half the price so I thought writing off is the best option
Later my insurance company agreed to write off the car but with a condition that they will pay me the cost of repair first which is $14500 and the rest will be paid as a salvage amount after they auction out my car which will take 2 to 4 weeks or longer but the amount is not sure that how much I will get. They said they will quote $18000 in auction but I might get less than that I requested them so much to give me a fixed amount but no luck. I argued that what if you come tomorrow and give me less than $10000 they said it can be anything no guarantee of that
I’m super stressed now coz they are not agreeing on giving me one single cheque and end this.
I don’t want to be in a loss for no reason for something which is not even my fault.
Please suggest on what should I do?
Thank you.🙏
Hi, I'm not sure what to tell you. There's not a lot you can do from your side. The only thing I can say is that if you really disagree with a decision by your own ins co, you can always appeal it. I'm sorry I can't provide you better guidance or better news.
From Chicago here. I just got into an accident a couple of days ago and I'm scared about not having gap insurance. Semi truck hit me and I just bought the car 3months again. I'm scared of not being fully covered by them. It was also the truck drivers fault.
Hello Julian, I'm not sure if my comment went through earlier or not. I'd be happy to talk with you about this. Can you call my office at 847-305-4105? Thanks, Barry
I am also going through this process with my insurance company. A drunk driver ran into my Silverado and wiped me out a high rate of speed. The damage exceeded 77% of the trucks value, which made it, a total loss on property side of claim. I did not have gap coverage , luckily they valued my truck at $22,000 and I owed 18,000 .Depending on the make and model of your vehicle, you will be ok. unfortunately for me the property damage is only the beginning! If you sustained any injuries, and other driver is at fault, that can take a couple years to settle depending on how cut and dry it is to determine who was at fault.
Hi Lawfull, I just got the accident and it was in the slow traffic and a pick up truck hit us behind and made our car push to hit the car in front, and all our car air bags popped out. My question are :
- is my car consider as a total loss ?
- the car have towed to a tow place and I called my insurance for inspection the car and waiting for the inspection report, what I need to do with the fault party if my car is total loss?
- if my car total loss , what I need to claim from? ( my insurance or the fault party insurance? )
- I have GAP , so when should I report to them?
- I got a lawyer for body injure , he does not deal with property damage.
I have no idea who I have to deal with in my case.
Please give me some advices.
Thank you so much.
Hi, the insurance company will eval the car and determine based on their formula whether it is a total loss or not. If so, they'll manage the process, there won't be much for you to do. If the other party caused the accident you can use them to pay for the property damage. YOu might be able to use your own coverage if you have collision coverage as well. Report it to GAP depends on what your gap coverage policy says. But you're probably (probably) fine waiting till you hear if the vehicle is totaled before reporting....
Good video. Thanks
Thanks a lot Mike. To get notified when I post other videos click here if you would: mailchi.mp/chicagolegalgroup/clg
Thanks for tha info but I was hit by a lady and my ins is saying they will pay about 7000 I owe 17840 to the finance company so frustrated
Huge difference they tell you why??
Here in Canada if you buy a brand new car, the insurance company gives you full value replacement for 5 years. So if you buy the car for $50, 000.00, and it's wrecked 4 years and 11 months later, you get whatever that car currently costs. If a replacement is now $53, 000.00, you get $53, 000.00.
I live in Ontario and I just totalled my mother's car, we need to still keep paying the term loans. We still have 2 years left. I feel incredibly guilty, also it is a fault accident. I am at home blaming myself, we live in abject poverty. My life sucks.
@@bigfan2452
It’s OK I’m in a similar situation’s It’s all right
@darthorion2002 I did something horrible to my mother and I cannot even repay it back. Ottawa is a car city, public buses are horrible compared to driving with a car. Moreover, we received 31K from the insurance but our insurance rate will increase.
@@bigfan2452 🦫 damn I’m sorry to hear that you got this, find a way to make extra cash. Be sure you get gap insurance after this in case it happens again.
So I reached out to you a week ago cause I was in a wreck that wasn't my fault and the other car didn't have driver's license or insurance. I had just gotten my car a month prior to this accident. Got it from a tote The Note car dealership. Put $4000 down for a 2011 Hyundai Sonata. Said they could finance the remaining 2000. Little did I know that they were going to add such high interest rate on that 2000 that the remaining total doubled into $4,000. But of course I didn't realize how much the total was going to be until I had signed all the papers. So I definitely got take advantage of. Not to mention the car needed repairs done the following day after I had gotten it. Even though they had a no warranty on the vehicle they still repaired it for me. A week after that the check engine light came on again. This time I paid for the repairs. But they were nice enough to take it out of my first car payment. Oh by the way very important detail the car lot did not require for you to have insurance on their cars before driving them off the lot! Which I thought was strange. But I made sure I had insurance before I left the parking lot. Full coverage insurance is what I was led to believe I had through Direct Auto insurance. They said it was against the law to not have full coverage insurance on a car you are financing. So I ended up paying a expensive down payment and about $130 a month for the remaining premium. Anyways cut to me paying my first car note and the repairs made on the car that day we're taking over the car note which was 165. But I decided I wanted to put an extra $100 down towards my car note so the next month would be quite as high in case I didn't have the funds to cover it. Little did I know that would be the last day I drove that car. That night around 7:30 p.m. I was coming out of a Little Caesars parking lot not even taking my foot off the break to accelerate towards the road. My 7 year old son and I were slammed into by two other vehicles the first car hit the nose of my car which knocked us sideways so we were facing North instead of West. However the car that hit us was also hit because he thought it would be a good idea to try to cross Lanes of traffic to get to the parking lot I was trying to come out of. So of course his car gets hit by the person traveling north on that same street knocking that car into my car. We had no idea what happened or how it happened until after the ambulance in place I got there. I was very confused in disoriented from the impact of being hit. My son was bruised up but he wasn't seriously hurt. So our car was basically totaled since the airbags deployed. The person that hit us I had no insurance and no driver's license. So I was thinking to myself how lucky I was because I had full coverage and I was going to be "just fine".. man was I wrong! So I called my insurance to let them know I need to file a claim and try to explain what happened. That's when I was informed that I did not have a full coverage like I was made aware I had. I only had uninsured motorist and something else I can't remember. But I didn't have collision or the other important coverage I needed! Was then told by my claim adjuster a better hope that the other person didn't have insurance since I didn't have collision. Anyways long story short they only give me $4,000 for the car and tell me that it has to be given to the car lot to pay off the remainder of the balance that I owed which was only supposed to have been $2,000 (before all the paperwork was typed up) is there anything that I can do but I haven't done yet that could possibly help me get some kind of help. I feel like I'm the one that's being punished because I end up losing my car and all the money I put into it... How is that fair? I got screwed by the car lot I got screwed by the insurance company.. then I get screwed by an irresponsible not insured non-licensed driver 20 something year old that hits me while I'm still sitting in a parking lot. oh yeah let's not forget that I also got a ticket because the police officer said I had no insurance because I couldn't give him the policy number at the moment he was asking me for because I had 10 other people standing around me asking me questions about the wreck. So there's that too. I had an email of the insurance card on my phone all I had to do is pull it up but I was so disoriented from a wreck I couldn't figure out how to find it! I thought this is going to be a blessing in disguise but it's a curse and I didn't do anything to deserve it. However I am thankful no one got killed from the negligent drivers that should not have been on the road in the first place!
Wow.... Other than filing a lawsuit against an uninsured driver i'm not sure what else you can do.... And if they don't have insurance, as I say in the video, doubtful they have assets to pay for anything else. But not always....
I had a totaled vehicle by hit & run. Insurance paid the value & gap did not pay the balance as they said the vehicle was over financed so I'm still left with a balance of $5000
I would ask them to show you where in the contract it says that - and then I would follow the appeal process in your insurance contract with them. But don't wait - act asap as there may be a clause about it in the contract.
From California, and I just got into a car accident. The person ran the red light striking the back passenger side of my vehicle. I am not sure if I have the gap insurance and I only had the car for one year and I have fear that wont get get enough for the value car from the insurance.
Hi, Im sorry to hear that. That is a concern. Did you suffer any injuries?
I bought a car through CarMax. Car totaled but am -5k on balance. Can I renegotiate the balance for better terms? Can I buy another car through CarMax and roll over the balance just as if I was doing a normal purchase where negative rollover is put in the new car ?
I had this problem … I was rear ended and the other driver was totally at fault . The ins. company paid $4000 but I owe $9000 .. the finance company did not refinance the loan and I have to pay $400monthly as to not mess up my credit. No gap ins.
Wow I'm sorry to hear you're going through this....
Probably more like thousands of millions of dollars .
Being financed
So once your car is totaled and you have gap how do you get it initiated through the bank to get them to stop taking payments??
You just got to call the bank and the insurance company. They may demand some documents but it is usually pretty easy.
Dealing with my gap insurance is a nightmare, my bank and Geico have been helpful
complete opposite to me its a hell of a nightmare
Sorry to hear that
@@LawFull so vehicle buy back I deal with the insurance correct? Even if a lien was on it and acv was paid to lien holder I would pay the assumed to be salvage price to the insurance correct ...
Also insurance tells me GAP wont pay out if I retain. Which I found to be a total lie ..from my GAP agent
@@jayallen5206 If the finance company is paid, you would deal with the insurance company
I owed 8k on a car but got in a hit and run accident but I only have the liability, the payments are in cash no banks do I just stop paying
So you're asking me if you should breach a contract? I can't ethically tell you to do that. I'm sorry. I try to be of help on this channel but this one I can't comment on. Sorry about that.
@@LawFull oh ok thx I just wanted to know if I do that I wouldn't have any problems since my payments are in cash
Hello my 2013 Nissan Altima SL (fully loaded) was stolen and then crashed, my insurance says that probaly is a total loss. According to the pictures it is but I never had GAP insurance I'm pretty sure that they their value will be less than what I owned. In this case what can I expect from them? Same as if I was driving in it? Thank you.
To be honest, Ive never had this situation so I couldnt honestly say. Sorry about that.
I have GAP insurance and they only paid $900 out of the $5000 owed. My car insurance company paid the off the amount i paid for the vehicle that was totaled which still left a balance of $5000
Hello, did they give you an explanation for this? Have them show you in the policy where their decision stems from.
LawFull less excess of 120% MSRP/NADA Limit
Hmm. To be honest, Ive never had that situation before. Lousy. Sorry to hear it.
What kind of insurance did you have?
My wife signed up for a 2019 Nissan Rogue so her handicapped granddaughter could have a car. They made the payments every month. I was NOT MARRIED TO HER THEN. The granddaughter had GEICO and they canceled the insurance when they thought they had insurance with USAA in December 2020. In January 2021 an ice storm here in Hobbs, NM made the roads very icy. Rarely happens here. The other driver had no insurance and neither driver was ticketed by the police for the wreck. My wife had the car delivered to her property. The balance on the loan was over $15,000. We were not sure what to do. My wife took over payments for Nissan Finance. She is thinking of calling the Nissan finance company and telling them to come to get the car. Payment is approximately $408 a month. The granddaughter says the payments are my wife's problem as her name is on the car as the owner.
What will happen if we do call the finance company and tell them we do not want to pay for the car anymore and that they can come in and get it. The estimate to repair this car is $12,000.
The balance owed is approximately $14,000.
Thanks for your help. I am an 80-year retired military veteran. My wife is 77.
What if your car is deemed totaled due to water damage and you do not have gap insurance. I understand that you have to pay who financed you, but what are the chances of getting another vehicle after giving power of attorney to the insurance company?
Hi, this is really outside the domain of anything I know about I'm sorry to say. I've never had a water damage claim as I do personal injury - auto on auto accidents. As such, I wouldn't want to send you the wrong direction. Sorry I can't be more help on this. Barry
Him in a mess and I need help. My insurance company deemed my vehicle as a total loss and now I will not have a vehicle because they are paying less than what I owed on the vehicle
I'm sorry to hear this. Very common situation unfortunately. And you don't have GAP coverage?
Barry…I didn’t wreck my car but I have a question,I financed a used vehicle from the dealership noticed the engine light was on so went and had the oil changed the same day I drove it of the lot,and they said there’s only one quart of oil and oil was leaking into the air cleaner and needed a valve replaced then they told me I needed a tuneup so I had that done $400 and was informed that the number two cylinder is not firing and needed it replaced I’ve only put 140 miles on the car in nine days I’m afraid to drive it,can I take this back to the used car dealer or am I pretty much just stuck with all the issues?
Hi TankMann, listen, I'd like to help you but this is outside the domain of anything I know about. I do car accidents etc etc. I don't know about lemon laws and the sale of used cars. I'm sorry I can't be more help on this one man. Barry
Hello! So, yesterday I got into a car accident. I was at a red light, and another woman behind me must have not been paying attention and she slammed into my car. I went to get a price estimate today of what it could be to fix my car, and it’s 4000 dollars. I looked at the Kelley Blue thing for the value of my car, it’s like 5000-6000 at the most. Let’s say that they total my car (I haven’t gotten in contact with her insurance company yet) they’ll give me let’s say, 5000. I owe 7,300 in total for the car, leaving me with a 2,300 dollar balance. Can I sue her and win for the remaining balance?
Hi, I have never had anybody do that before so I can't give you a 100% for sure answer. My guess is that you can try. However the chances of actually collecting I think are somewhat slim.
No next time don’t be cheap and get Gap it will save your life
The prize of used vehicles have skyrocketed so much since the pandemic has continued, but it seems that the adjustor doesn't add that to the formula. Do I need a lawyer to argue this with the adjustor?
You probably won't be able to find a lawyer to get involved in a property damage only case. If you have to, you can appeal the decision of the adjuster. This is something you can probably do for yourself.
My BMW i8 has rebuilt title at the time Jan 5 2021 of the accident and an appraisal of $101,000. The insurance was only worth $50k I requested them to write a check and I auction the car but the adjuster. Claim I take it to a shop for evaluation. I sighed documents at the shop but never authorized the insurance to repair. The insurance sent a check of about $20k to the shop to repair. Come June trying to get my car they told me they will be repairing the vehicle since I signed the documents at drop-off. After repair in December I took the car for state inspection of the recommended BMW certified technician. BMW deemed the vehicle not repaired and all crashed parts were never replaced. Am stuck new appraisal wortg $34,000 and a check for diminished value for $6,000. I cashed out the check yet I don't know what to do.
Hello. Sorry to hear all this. I honestly don't know what to tell you. I've never had anything close to this situation before. I try to help people on this channel but sometimes there's a situation I just don't know the answer to. I'm sorry I can't be more helpful. Barry
I'm in a similar situation my truck was hit from the side the person at fault insurance company totaled his car and my truck...but my truck drive completely fine I only have door damages can I keep my truck and have it fix on my owe?? Thanks
Hi, that's a very state-specific question. Ask the ins adjuster what the rule is in your state about totaling the vehicle. It may depend on how old the vehicle is. How much it costs to repair etc etc. If they're not helpful, I would consult with a local attorney to get the best answer to that question. Sorry I can't be more helpful on this one.
What happens if you did purchase gap insurance and it gets completely paid off? How does that affect your credit?
Good morning, to be honest, I've never been asked that before nor ever looked at the issue. But, practically speaking, I would not think there would be any negative repercussions from paying off a loan in its entirety. Have you heard otherwise? Curious as well. Thanks for the comment. Barry
LawFull I have not heard other wise. I’m looking around but have not found an answer. Please let me know if you find something out.
Very great info! Question? My truck was totaled in April and I had gap insurance. But they denied the claim because of commercial use. But in the “contract” it states that it is “permitted” for commercial use. So I have a $21,000 balance with GMC Financial charged off as bad debt. I’m lost What do I do????
Morning - I would check with them if there is an appeal process and what it is. And follow it very closely. I would also consult with a local attorney - they'd be in a better position to provide you info than I would be....
My car was totaled and my insurance payed the towing company just so they could auction it then refuse to pay me for it. They said because it was my son’s fault and someone was hurt in the other vehicle it was obvious the cost was going over the maximum allowance, so they would not be covering my property. Can they do that?
Could be a state issue. I would speak with a local attorney. Sorry I cant be more help
I payed a 2500$ down payment at a dealership for my 2021 Sentra sr and then a 471$ initial feel for my progressive insurance. Not even 30 mins later I was at a red light and a car ran straight into my car from behind and then took off afterwards. After the cops came and left I filed a claim and now my agent is telling me that my insurance wasn’t active till 10 mins after the accident
Hello, that sounds fishy of course. Perhaps an insurance coverage attorney could help you.... I would research an insurance coverage attorney near me on Google. Something just sounds too off to just accept their word on this....
My car was total and GAP did not pay full balance. SMH.
I was in a car wreak 8-23-2019 in the state of S.C.. The guy that hit us was drunk and went to jail. Believe it or not he did have insurance. What kind of case do I have against him or do I? I do have gap insurance. I won’t buy a car without it.
Good morning, depends on the level of your injuries. If you would like to discuss further, I can put you in touch with a SC attorney I know. Email me if you like at barry@chicagolegalgroup.com
LawFull Thank you! I found one.
I was in a car accident 3 days ago. The guy that hit me had no license and insurance and only got fined, not arrested.
my husband totaled his car in a dwi and he was in between insurance so it’s not covered ,what do we do!!! Please help ... he still owes on his car!!
Did he cause the accident?
Is it ok to remove factory fits like Roof rails, hitch receiver etc. before moved to salvage yard if it gets totalled and plan is get a similar model car in future?
Hi, I'm sure that changes with every situation. I would ask the ins adjuster...
Very informative video, thank you! Could you please answer a question for me if you could? Almost a year ago my husband turned over his 2007 Ford F350 truck to a guy that was going to take up payments on it (there was only like $6-7,000 owed on it and my husband was diagnosed with stage 4 pancreatic and liver cancer and has been unable to work since then). All this time we thought the guy that had the truck had put the truck in his name and was making payments on the truck but come to find out the guy that had that truck was involved in a horrific wreck while in said truck in which the driver of the other vehicle was found at fault according to the police report (on July 3rd of this month). The guy that was driving my husband's truck was not injured and did have insurance on the truck but when the highway patrol ran the license plate on the truck it still showed up as being in my husband's name. The driver of the other vehicle that was at fault has full coverage insurance and we have already filed a claim with their insurance company being the truck is still in my husband's name and it was completely totalled. How does all that work with the "at fault" driver's insurance company and what should we expect? We haven't heard much from their insurance company yet because the at fault driver of the other vehicle was killed in the wreck and the passenger is still in the hospital. No charges were filed against the guy that was driving my husband's truck because the wreck was proven to be caused by the driver of the other vehicle that pulled out in front of him (according to the police report). Hope all that makes sense and thank you for taking the time to read this.
Hi, first, I'm really sorry you're going through all of this. The one thing I can tell you is that when I was involved in cases in the past where someone died, the ins co can take forever to act. That's often because the police department take fatalities so seriously and they move very slowly. So bottom line is if you filed a claim with their ins co, you're off to the right start. Just be prepared for this to be a very slow process (possibly).
@@LawFull thank you so much for your reply and yes that is exactly what their insurance company said is that it could take a while but they will get everything sorted out 👍
@@kristieandjeff2720 Best of luck to you!
Hello there I had my car catch on fire after the first accident when my car exit from the garage on the second time it catch on fire after 5 days I had my car with the garage and I have gap insurance and the insurance they don't offer me the same price they value my car as a used car and I'm so confused here what should I do thank you
Hi, I'm not exactly sure what you're asking. I'm sorry. If you go hear and click where it says property damage, I have a pdf on property damage that might help you. chicagolegalinfo.com/page11
do i have option to keep the car after total loss ? and to be honest i send the more the car more than 5 store every body ask me 13k to fixed and states farm say 31 k to fixed like the double they overcharged thanks
Hey just recently got into a flood situation which completely damaged my engine I had full coverage insurance but haven’t reinsured in about 4months. Still owe 5k on the car. What’s best to do?
Hi, so your insurance paid all but 5k on the car? Im a little confused about the situation.
I have a question, my insurance says my car is a total loss but I still want to keep the car and fix it myself, my car is financed am I able to still keep the car and insurance will cut me a check? I have full coverage.
Generally speaking, you may be able to keep it - ask your insurance if they'll pay you salvage value for the vehicle. It's less than they'll offer for total loss of the vehicle but you should then be able to keep the vehicle. However, whether driving a rehab'd salvaged vehicle in your state is an issue you should check on your state laws to find out.
I have to pay 14000 out off pocket and I have no idea what to do.
One more thing is , with the car in front of me have minor damage and my car is the major damage since I got hit so strong from the pick up truck, will The car in front of me claim from my insurance or the pick up truck insurance ?
If I were the lawyer on teh case I'd file with both. But in terms of responsibility, the car who hit you should probably be liable for the car in front of you
Hi great video, thank you for sharing this information. I do need some more clarifications. I purchased my 2016 Mitsubishi RVR/Outlander sports on a high interest rate priced at 20K, 3 years later barely touched the principle. I got into an accident, (not at fault) I still owe 19+k on the vehicle. Now the car has 174,000KM. Now the car is worth 17k, it's been 5days since the accident took place, (my insurance company is taking their sweet time) due to covid and other factors I missed 3 payments, now the financing company handed over my case to a 3rd party repossession company. When I called the bank they said, if I don't pay $2,700 my vehicle will be repossessed. Right now the vehicle is at my preferred bodyshop for an adjuster to aprasel the vehicle, what can I do at this moment?
Hi. Listen, I'd really like to help you as that's what I try to do on this channel. But I honestly don't know the first thing about how repossession works with finance companies and third party collection companies. So anything I said would be a guess. And I don't want to give you bad info. I am really sorry I can't be more helpful on this one.
What if I have gap insurance and I was driving and lost control of my car and I crash into a tree or something would my gap insurance cover that ?
Good question. Honestly I've never had that situation as all my cases involve more than one vehicle. My guess is it would depend on what the gap policy says. I can see it going either way. My gut says it would be covered but I just don't know.
@@LawFull thank you for your speedy response.. I had bought a 2017 Chevy Malibu LT and having problem with it for almost 3 years now.. Being having most of all a check engine light on and off issue from the time of purchase ...I had contacted GM and they gave me a check for $7000 for the inconvenience with the check engine light but it still freaking me out whenever it come on..
If you have a totaled car from hail damage but you keep the car and take the salvage settlement check, can you still use gap/total loss protection if you have a balance on your loan?
Morning - I honestly don't know. I never dealt with hail claims. I'm sorry I can't be more helpful on this one.
I just got into a car accident and it’s my fault, and my car got towed to sell off scraps soo what happens next?
Normally it wouldn't happen that quick so I'm a little confused. Work with your insurance company to figure out the Actual Cash Value of your vehicle.
I paid 19,000 for a brand new car, got into accident with a drunk driver while I was parked(not in motion) they say the value of my car is 14,000 and is what they will give me but I declined and gave proof of more. will they offer me more? How will this impact my credit.
Hi, if you don't have GAP insurance and you financed the car, you'll still owe the 5k to the finance company..... You can argue over the value of the car and get your own appraisal to try and show its worth more. You can also request arbitration if you really want to go that far. As far as how it will impact your credit, that's not my area of knowledge....
I borrowed 10k for a car that was wrecked and I'm left oweing 4 thousand. If I settle the debt will that hurt my credit?
I've never had that issue before. No idea why that would affect your credit though. Especially since you're paying your 'debt.' But I just don't know for sure.
Ok, so I'm back with an update on our claim. The at fault driver's insurance company has agreed to a settlement (which we are fine with the numbers) and they will be sending the amount owed to the lien holder before sending us whatever is left. We received some paperwork from the at fault driver's insurance company today (through FedEx) that they want us to sign and return. 1 is a Texas Motor Vehicle Transfer Notification and the other is a vehicle power of attorney. My question is...is this paperwork normal to have to sign during a claim and by signing it we are going to mess anything in the process up or get ripped off in anyway? We've never had to file a claim so we are totally clueless about the paperwork we need to sign. Also, how do we find out the exact correct amount that the lien holder is wanting as payoff before they send us whatever is left over? One person from the lien holder company said between $2,000-4,000 was owed while another says almost $9,000 is still owed? The total settlement amount is a little over $13,000. Thanks for you help!
Also, the at fault driver's insurance company did end up saying our vehicle was considered totalled after they inspected it.
Morning - so, I don't know anything about how things work in TX regarding vehicle titles etc. I can tell you that in IL it would not be irregular to sign the poa. As far as the amount for the lienholder, how about calling the lienholder directly and getting the numbers?
I got rear ended last month. My primary insurance settled with 25k but i still have remaining balance of 9k.. i have gap insurance but they denied and terminated my claim. They said i used it as commercial vehicle because i drove for uber for a couple of months. The thing is im not doing uber at the time if the accident. I dont know what to do anymore. Its not even my fault and im the one who’s suffering physically emotionally and financially 😢
Hi Aldrich, where did this take place. I may know someone who can help you.
here in l.a county. Sorry i already have an injury atty. its just that its so stressful dealing with this gap insurance.
@@aldrichlazaro5744 No problem. In that case, she or he is the best place to seek legal advice from. I would just say not to just take the gap insurance company's word that there is no coverage. Ask them to show you were in the policy it says that. Actually read the policy. And then appeal per the policy's appeal process so that you have an opportunity to state your case.
Thanks you so much.godbless you! Have a wonderful day
Never tell them u do rideshare u are screwed if u told them.
Hi so I just recently got into a car crash 1 month after I bought it. It’s a total loss. It was the other drivers fault and the other insurance took liability and will pay the ACV. I also have GAP insurance which is great! But I took a while to raise a good $3500 down payment and the vehicle was only a month old. But after only having the car for a month, it seems like a “waste”. Is there a way I can gain some money from the insurance or GAP protection to get a down payment for my next car?
I bought the vehicle this mid January and got into a crash in mid February
Hey Austin, not that I am aware of unfortunately..... Sorry to say.
I was in a car accident and my insurance doesn’t want to pay for my car I owe 29k gap isn’t going to pay either what are the steps to do or who do I reach out too!?
Morning, well, normally when you have a dispute with your own ins co you and you disagree with it, you have to appeal their decision. But that could vary depending on your state and your own ins policy. If it were me, I'd get a copy of the ins policy and have them show you 1. the basis of the denial 2. how to appeal the decision. And I'd act quickly in case there is a timeline in the policy you have to follow.
My 2017 jetta se got into a front end collison. The ofher vehicle was not damaged, but my car front got completely damage but no such issue for engiene. It was a pretty bad weather with heavy snowfall the car infront quickly move as the front truck stopped so my my car slipped and hit his truck. I havent got any collison coverage. Its a baisc insurance but i purchased a gap insurance when buying car. How do i know my car is totaled loss as i dont have a collison coverage. Its worth $10k before accident. If the repair cost is $8k will my car be total loss ?
Please let me know
Thank you
Morning, sorry for the delay responding. That's a question for the insurance company. They'll tell you what their policy is in terms of designating a car a total loss or not. Sorry I can't be more help but that's really a question for them to answer.
I do not have gap insurance and my vehicle was totalled. I'm awaiting an offer from my insurance company. Unfortunately I am upside down on my car loan. I do live in California -- "Insurer must offer a cash settlement based upon the actual cost of a 'comparable auto,' including all applicable taxes and other fees, or offer a replacement comparable auto including all applicable taxes, license fees, and other fees." I won't have the money to buy a vehicle right away, so what would be the best option moving forward? Thank you!
Good morning, Im sorry to hear this. I dont know many good options. Depending on the balance owed you can try to negotiate with your finance company. Otherwise, its a tough situation. If you dont like the offer you might get your own appraisal. Sorry I cant be more of a help
I would suggest taking the offer they give you, buying another car in cash (no new loan), then continue paying off the old loan. That way at least you have a vehicle to get around in to keep your income coming in. Other than that, maybe borrow a car for awhile from someone if you need some way to get around and apply the whole amount you get back towards the loan but I wouldn’t recommend this.
@@kingbran923 this what I'm gone do. My car was parked and a drunk lady smash my car so tomorrow they coming to see if they can fix it which I doubt it. My car gone be totaled but I still owe my loan place ppl 26k for a 2014 Toyota Camry smh I hope her GEICO insurance pays it off.
@@willjc32 what ever happened bro?
Here is a good story for ya. I traded in my upside-down vehicle on another used vehicle. I also purchased GAP insurance and a $4K service contract. 5 days later I hit an elk and destroyed my new vehicle. No injuries. passenger airbags deployed and extensive frontend damage. I am with USAA. They initially told me that based on the damage I described to them that the vehicle might be a totaled loss. They picked up the vehicle and took it to COPART salvage yard to be inspected. It's going on 2 weeks since the accident. My question is if it's totaled how will all this play out since there's a lien holder and gap ins and added negative funds from the trade in. USAA also gives me a check valued at 20% of the vehicle value to help me get into another car. Something tells me I'm gonna get screwed somewhere in this whole deal. Or will this turn out to benefit me in the long run? Anyways sucks to be me.... Any advice or comments would be greatly appreciated. Thanks.
Really sorry you're dealing with this. But to be honest, I have no idea what's going to happen. USAA is pretty good however. I've always had fair dealings with them. I can't say how the GAP provider will react. It is all dependent on what is in your insurance policies. So you could start by getting copies of the policies involved and do a little digging on your own to see what's in them. Sorry I can't be more help on this one.
@@LawFull thanks for the quick reply, I think I should hope they don’t deem it a total loss so I can continue to have a rental car which is being paid directly through USAA until I get it back. Yes USAA has been very good to me in two other claims ( a loss from a car burglary covered by my USAA rental insurance and another accident which wasn’t my fault) so far on this one the adjusters have been really compassionate considering my extremely bad luck hitting the elk 5 days after purchasing the car. I just don’t want to end up with no car! Here’s another piece of the story I have bad credit so there’s a lot stacked against me and the second I hit that elk I knew I was in a heap of trouble. I was actually doing someone a favor and giving them a ride home from the airport in the dark when it happened. They had initially offered to have me use their car to pick them up but I had just got the new one and enjoyed driving it. I’m overdue for some good luck 🍀 🙏🤷♂️
@@WildlifePatrol I wish you the best of luck and hope this works out for you!
Hello, I had an accident with under 18 girl and that was her fault and she stole the car that hit me, the next problem my insurance company denied me because I was a DoorDash driver, and now I have a car that not worth more than $3000 and I owed to bank $20,000. Could you please tell me what I have to do?
Hi, so the girl has zero insurance? You sure? It's likely... Also, did you file a claim through DoorDash? Finally, don't just accept your insurance company's denial. Ask for a certified copy of your policy and ask them to show you exactly where your policy says you will be denied if driving commercially. Could also check out this video I did: czcams.com/video/ewX3ce5OzPY/video.html
Hello, Thanks for the info. My question is I was recently involved in a accident were my 2020 Colorado was totaled I was not at fault and the other person involved excepted responsibility and was give a ticket. I did have some scratches and bruises but I did not go see a doctor. We both have the same insurance company. I was called today with the offer on the truck and it is 5000 less than what I owe. Fortunately I do have gap insurance. I also have items that I’ve added to the truck that cost roughly $2000. Did adjuster is having me send him the receipts but he’s telling me that it will only add a couple hundred dollars maybe two value of the truck which does not help me at all. What would be your advice?
If you've got the receipts for the add-ons I'd show them to the adjuster. But its an uphill climb.
Go to the doctor don't shut the
Case keep going to the doctor
They hate open cases
Here is the problem with after-market add ons. Did you call your insurance company when you put them on? Did you start paying a higher premium for the greater value you think you added? If not then guess what - you can’t ask for coverage for something you haven’t been paying to insure - that’s the plain and simple of it. Even if it is the claimants insurance company, after market products are usually not reimbursed because they add no value to the car to the general public - in short I am not paying for sh&t you put on your car when I go to buy it at the used car lot.
Best thing to do is remove the after market products and next time tell your own insurance company you added them. As an underwriter I would non-renew your policy if I found out you added stuff to the vehicle and did not call and add it to the policy and pay for the extra coverage - most insurance companies will not non-renew for that because items like that get stolen a lot. If your insurance company non-renews you then good luck getting insurance from another reputable company - they will know you were non-renewed by the previous company and because you lied and tried to defraud them.
@@cxa340 Interesting comment. Thanks for that. On cars I usually don't see too many after market parts. Where I see that a lot is on motorcycles. However, in those cases, my experience is if you can prove they were on the bike or show a receipt etc., you can often get reimbursed for those. Thanks again. Barry
@@LawFull
Yes, as you know motorcycles and motorcycle policies are a totally different animal.
The biggest issue I find as an underwriter is younger kids, who already have a high claim history and are more likely to have tickets for speeding/accidents on their MVR, having vehicles where they added x amount of after-market parts like stereos, lights, speakers etc and then calling in a claim for those items being stolen. The two problems that arise is that 1) the standard auto policy specifically excludes coverage for those items - they are in fact not covered. 2) the addition of those items makes the car an attractive risk to thieves, but in almost no case has the insured called in to update their policy to add those items and add coverage for those items. If you called me and told me you added them I would take your receipts, add them and coverage to the policy, and also increase the premium to match the risk.
Now I accept many insurance companies have been bad at denying coverage for those items even though the policy excludes them, especially when we are not notified but the tide on that has turned. Now, more often than not I will deny coverage when those items are stolen from the vehicle, advised the insured to call against their homeowners policy, and also immediately non-renew the policy because this is not an insured I want to keep on the books (especially if they are younger, not in school full time etc). The risk of claims is simply too high. When their agent calls to complain I explain the situation and the damage their claims are doing to the agents loss record, and more often than not they agree. Do this enough and agents no longer send these risks to us to insure, or better yet they inspect the insured’s vehicle and advise them of what they need to do.
In the end as you can imagine it helps regular policy holders because their comprehensive coverage is lower, because I am not taking on risk that is not appropriate or paid for. It is sad to see the industry be this way, but the amount of fraud and deception and general irresponsibility that goes on today requires it.
Now as for uninsured drivers....
So I had gap insurance, also liability insurance with Go Auot on a Mazda. I switched my insurance to progressive full coverage, a week later. Progressive didn’t inform me that the start date on insurance was a week later after my deposit had been paid. I got into a wreck the following Monday. Go auto didn’t cover, progressive didn’t cover because the start date was that Friday of the same week of my wreck, gap didn’t cover anything with because I technically only had liability with go auto and my progressive did not start yet. Now I’m stuck with $19,000 auto. Any help? Any advice? This situation has been a headache.. I’m paying an auto loan I don’t have the car it’s totaled.
This sounds like ins co b.s. Did you ask for your policies to confirm the dates of coverage? Also, check what the appeals process is in the ins policies - don't miss the deadline to appeal these decisions.
I m hoping for some info . I fell behind on my payments the insurance was dropped but the loan company started to charge me for insurance still behind on this payments . I did have gap coverage but like I sed behind on payments. I just had a huge tree smash the truck in a wind storm and I do not know what to do . I'm sick to my stomach just thinking about it . Any helpful info? Do I have any chance on keeping the truck to fix it later or should I expect them to haull it off and keep charging me for it? I still owe close to 14k and have been paying on the truck for close to 5 years
Good morning. I honestly don't know. That's a question for an insurance agent or adjuster. I'm a pi attorney so I could help if you had damage caused by another vehicle for example. But a tree.... I just don't know anything about it. Sorry I can't be more helpful on this one. . .
@@LawFull ok thanks for the reply . I'm just hoping this doesn't turn into any criminal action on my part for not making payments but I think I'm just thinking too far into this 🤣
My current situation here, total loss... completely not at fault, I did not have GAP, my car is rare to find due to exterior and interior color combo (I actually drove 245 miles to purchase it 4 and half months ago), paid 7k cash down payment, I added extended warranties and other features and current amount owe to the bank is 25k. The insurance from person who hit me only is comparing around for generic models and therefore low offering. Their offer is 19k. Meaning, that I will be out of 7k (cash) plus the 6k (that I still owe to the bank).
How is that legally possible and allowed by the law, to be a victim and ended up worse than before the accident that I did not cause?
What options do I have to recuperate the difference?
Unfortunately I've seen it many times before. Were you injured in the accident? If so, you might find a lawyer who can fight for you on the property damage too. Can you find anywhere any comps on your rare vehicle to show the ins co? Have you thought about filing a lawsuit against them if that doesn't work? Or perhaps getting an appraisal from an appraiser that you hire who knows about rare autos....
From New Jersey here, I had my car accident and it’s not my fault. Someone hit me from behind. My car was total loss and my insurance company is giving me my car ACV value and it is $30,500 and I have to pay my car loan $36,500 around. I don’t have gap insurance so how can I claim that $6000 gap from my insurance company or the fault driver one?
Hi - not sure about NJ - I know they have some different types of laws there. I'd like to give you some help - but I know so little about that state that I don't want to give you bad info. I think the best place to look for info would be a local attorney. Sorry I can't be more helpful on this one.... Barry
My car was stolen and I had gap insurance from the dealership. If the vehicle was counted as a loss does does gap insurance pay the balance?
Hey Mark. To be honest, I don't know. I could tell you if it was involved in an accident but what happens when a car is stolen is a bit outside my domain. Sorry about that.
@@LawFull ok, I had full coverage on the vehicle with a gap insurance. They found the vehicle months later, but the insurance company wrote off the car. So, I got another vehicle. Because they wrote it off as a lost.
If you still owe money to the bank. Does the offer they provided have to go straight to the bank first or can it go to you and decided what to give the bank?
Hi - normally it would go to whoever financed the vehicle....
what do I do with no insurance on car that is totalled and loan balance is more than car is worth? other driver had no insurance. need to stop making payments. I have wrecked at my home. Live in New Mexico
Hi, sorry to hear this. Not sure I entirely understand the situation. But I do strongly recommend you consult with a N.M. attorney on this issue. There may be some state law that applies. I just don't want to give you bad info.
I have been in a auto accident.
The car insurance company say the car is not total because the air bags didn't deploy.I got 21 independent valuation that say the car should be total.The insurance company tryed to get me to reposess the car after it was repaired.Even though I had ordered the repairs to stop.This was to give me time to negotiate with the insurance.A lean was placed on the car by the repairer who when ahead without notifie me and repair the vehicle. However someone informed Loan agency.How stepped in seized and saw the vehicle,less than it caused to repair . At the time of the accident the car value$17,000.The cost of repairswas $8500.The car was sold for $4000.I had gap on it.
What are my options.P.S.The air bags are defective.This was know to the Low Company and the insurance company before they made there decisions.
Good morning, I apologize but I'm a little confused about the situation here... Definitely out of the norm. You got 21 independent valuations? And the repair shop repaired the car without your consent? I am sorry but I'm confused.
@@LawFull Immediately after the accident I took photos of the condition of the vehicle just for my peace of mind.I notified my lone agency of the situation.My car suffered a dribble hit from the back and the front vehicle.I was told to take the car to a repair shop .This I did.At this point insurance company wanted to repair only the front of the vehicle .I ordered the repairs to stop immediately pending the resolution of this issue.I reached out to the dealershipship and discribed verbally the condition of the car.They said They felt the car was totaled.Whit that info I went back to the insurer and related my concerns that the back of the vehicle was not being repaired.I pointed out to the that the police report clearly stated that my car was hit from the front and back and that the dealer felt the car was a total right of.The insurer said no it was not.Somthing did not feel right.So I did not tell the repairs shop to continue the repairs.So I pressed the adjuster as to what did the insurance company need to do this .They said let the dealer submit a evaluation of the vehicle.This I did .In addition the insurance company decided to repair the back of the vehicle but not with original parts.Because of the location and conditions of the vehicle.The dealership which at first said they would go and look at the vehicle.Decided instead to ask me to get photo of the vehicle.The I did .Bases on the photos that showed the chassis at the front and the back of the vehicle was damaged.They declared the vehicle totaled.This was submits to the insurer.They say there internal adjusters word was final.So I asked for a copy of the estemate of parts and labour . I then submitted the photos and repair estemate to 21 dealership through the U.S.All of them said the car was totaled.I submitted four of this estimate to the insurance company and request a second independent evaluation deal done.I was brick walled.Finaly I was told that I would have to take there decision as final.I was also told that the car was repaired and that I needed to go and collect it.I asked how authorized the repairs to continue and there was complete silence.I then started getting calls from the repair shop saying the car was finished.I told them to hold the vehicle as there is a dispute between me and the insurance company.Suddenly I got call for my lone agency telling me to go and pick up the car.I asked them to stay out of the dispute between me and the insurance company.Shortly after this the repair shop put a lean on the vehicle for storage.The lone agency can in unanounced seized the car and sold it .It this moment they now want the rest of the money owed to them.
What do I do?
Can I directly demand payments to the person at fault the exess amount to loan loan after my insurance paid lower the actual balance on my loan.
Morning, if I understand you correctly, your insurance paid the actual cash value of your car but you owe your finance company more than what your insurance paid? If so, you can demand all you want. Unlikely you will recover though unfortunately....
Quick question So my insurance just got canceled two days b4 i got into an accident and my car is totaled and still owe more than $20k on car will my Gap insurance be able to cover the loss of the car?
Hi - I've never had this situation before. So it would be speculation for me to guess.... Have you contacted your gap insurance to see what they're saying?
I told him my vehicle here with the insurance even with the cap or gap like insurance I had it wasn’t enough to pay three major that I owe, and I refinance the different company and lower my payment
Hi - so you're all taken care of?
@@LawFull what options do we have with the amount we still owe with the lien holder?
@@ngonz79 This is a bit outside the scope of anything I've done in the past. If it were me, I would call the finance co up and see what the options are.
@@LawFull thank you
What happens if I didn’t have no Ensurence or gap and I totaled my car is totaled ?
Morning - so I understand, you totaled your car and you were at fault? And you don't have any coverage? If so i'm not sure what you can do....
Thanks for this video it was really helpful. Question: My 2017 Hyundai Elantra has TLC plates and am considering claiming a loss on the vehicle. My insurance is saying that because I was paying the low amount on my full insurance they can only cover the lowest amount which is around $8,000. I have gap insurance and my car balance is currently $19,000 I am hoping that they can cover a majority of my remaining balance. I am still confuse as to what to do because on one hand I feel like what my insurance is giving me is really low and on the other hand I don't know how much my gap insurance really is going to cover. Please any suggestion?
Good morning, you can try and get more money from the insurance company but its an uphill fight. I don't really understand what you mean lowest amount on full coverage. And with regard to gap, it's a good thing you have it. But you won't know what they'll cover until you file the claim....
@@LawFull I agree it is an uphill fight I was able to get approximately 3,200 for my vehicle when I did not accept their valuation of my vehicle. I would make sure that your adjuster is on the up and up check the mileage they have for your vehicle your package like if it's a sports package luxury package any add ons your vehicle had also make sure the comps are actual vehicles that are on the lot for sale at that moment they tend to put vehicles that are no longer for sale as their comps.
My appraiser assured me the mileage she had listed on his appraisal was accurate. I was sure it was not. So I made the trip to check my mileage and sure enough he was about 14,000 miles over what my car actually had on it. That alone brought my value up over $1,000. He apologized and stated that he used the national average to figure out the mileage on my vehicle. Pretty negligent when he had the keys and could have just turned it on to find out.
You can search for vehicles comparable to yours and see what their valuations are you can then use those with a counter offer of what you feel your vehicle is worth never accepted if you don't think that it's fair. If you don't get anywhere there are usually options of arbitration or outside appraisal you may have to pay half of.
Hi Barry, I recently purchased a 2011 BMW 335i with 100,000 miles via a loan of ~$10,500 located in Central Indiana. I have full coverage, GAP insurance, and a 6 month powertrain warranty. Have had the car for only a week, and recently noticed the car has the beginnings of rod bearing failure. I let the dealer know, and they said I'll be covered but will have to wait 30 days from day of purchase for the warranty to activate, then take it to a BMW dealer (got it from a chevy dealership originally) to have them check it out. They mostly likely scenario will be the car getting mechanically totalled due to cost of repair. My question: Since I am fully covered, will I receive the money back to purchase a new car on my own, or just have my loan paid off and receive my $2,000.00 down-payment back? (In my curent situation, it would be better off for me getting full value of the car upfront while retaining the original loan so I can purchase a new car.) If there's anything else I should know, I'll gladly take any input or advice. Thanks!
Morning Samuel, listen, I'd like to help but this type of scenario is outside the scope of anything I know about. I handle property damage but when its associated with an accident. I really don't know what will happen in your situation. I'm sorry I can't be more helpful on this one. Barry
@@LawFull Understood. Thanks for the reply anyway and best of Luck!
@@sadf526 any update on what happen did they give you money to purchase new car???
@@Scott-ef8eh I had the choice between totaling out the car and putting the down payment towards a different vehicle they had, or getting the engine replaced with one which had 30,000 less miles. I took the later and now drive a pretty fast Beamer lol I like working on cars and prefer performance potential over new car reliability, so I made the right call for myself. Have done a ton of maintenance on the old girl, and was even able to get my interest rate lowered since I’ll be leaving for the military end of August. Although a very stressful few months, it came out to be a win-win scenario.
@@sadf526 great bro smart move thankyou for the response I just got a 2022 Jeep grand c & someone hit looks totaled me it a finance purchase will they give check to me or pay off my balance ???? Also have full coverage
Who do you go to to start the process of gap insurance after your car is totaled. The dealer that you purchased it from or your insurance company.
Morning - sorry for the delay responding. Where did you get the gap insurance from?
So after your insurance company pays the cash value of the car to the finance company and gap covers the difference if the cash value is less than what you owe, what happens next ? Will the insurance give you money to put towards a new car or am I just stuck without a car ? I’m speaking on drivers who NOT AT FAULT
Morning - sorry for the delay responding. I'm not entirely sure I understand the situation. But what has happened since you posted this? What is the ins co saying?
I got hit by a drunk driver on my whey home from the dealership where I had just gotten my car. The insurance company of the drunk driver isn't paying me what I owe. Now I'm left having to pay off for a car I don't have. I need help😪
I'm sorry to hear that. There is not much you can do.... they pay you the ACV not what you paid for the car. Were you injured in the accident? Did you buy GAP insurance?
@@LawFull yes I was injured and no gap. Hopefully the pain and suffering will be enough to cover the rest of the car payments
@@juliorosales7479 Good morning Julio, if you were injured you should get an attorney to help you especially if you're having trouble with the insurance company already. If you want to reach out to me, click here www.chicagolegalgroup.com/need-advice/ I probably know someone near you who can help.
Hello! Saw your video on CZcams about what to do about your totaled vehicle, and so I had bought a vehicle about a year and a half ago and as I was moving back to Florida driving the car through AL the motor actually blew up.. luckily I was ok and I coasted off of a exit to a McDonald's. Anyways long story short I still owe 1,756 on the car that I paid 6,000 for at a buy here pay here and I don't have the money to put a new motor in it which would be a couple grand plus labor.. I was told by a friend to switch my car insurance from liability to full coverage and then a day after say my car was totaled and for them to do a buyout... is that even possible to do so? (And no I did not get GAP when I bought that vehicle)
I haven't had to deal with something like this before and would really like some good advice/ help!
Good morning, I strongly recommend against trying to pull that on an insurance company. It's insurance fraud....
You really can’t be this stupid - not only is this fraud, but the moment you file that claim immediate red flags in the insurance claim software are going to red flag the claim and your policy and within days your insurance company will back off the policy, return your premium, tell you there is no coverage and btw you are being reported for
Fraud.
Hello,
Wife got hit by a dumb kid who ran a stop sign with no insurance and he just went home like nothing happen. she has a new 2021 lease she’s had it for a couple months only, they said her car is totaled. I don’t think she has GAP so is she going to owe? Or what can she do? Thanks
Most likely unfortunately. Call the finance company and see what they say..... Sorry you're dealing with this.
Someone sideswiped me yesterday and shattered my widow behind the driver's door and the door is also unable to open. I and the drive have full coverage. I also have gap insurance. I wasn't injured. What should be my next step?
Hi, sounds like you don't know who hit you. So you're going to need to file a claim with your own insurance and hope that you have the right coverage to cover the damage. Unless there was a witness who saw who hit your vehicle.
@@LawFull The man who hit me have his information and I have to go to the police department Monday to pick up the report. Would my insurance company have to pay or the other party?He was in the wrong.
Oh I'm sorry. If the other driver is at fault you should definitely file with his insurance to get reimbursed.
Hi I have a question I was rear ended at a red light on a highway. I hit a car in front of me and they hit a car. front of them. Man who hit me tried to run from seen my boyfriend. Caught him. He was arrested for dui and no insurance no driver's licence.Ok this accident was in Sept 7 and they still have not paid my car yet it was a total loss. I have a lawyer but nothing has been done.mean while I am on SSI and suffer from chronic back pain and continue my treatment. Why is paying my car taking so long?
Hi, I have seen cases take a long time to establish liability and or do an investigation so it doesn't surprise me that is taking a while. However, there are ways you can pressure them to resolve things. Your lawyer should jump on that and see what he can get done. However the bottom line is it is up to the insurance company in terms of a timeline.
So get a beater with a heater so you won’t lose like 5k if you get in a wreck can’t even get that back because the car deprecates anyway you lose your down payment the depreciation value is lost anyway since when you drive it off the lot it’s way less than what it was worth the car is no longer yours if it’s a total loss but if you buy abused car at least you can get more money back for what it’s worth than a new car that just picked your wallet for 5k then what happens if you get into another wreck? Another 5k down the drain
👍🤛👏🙏🦻👀 learned alot just by that..
what if i was not at fault would the other insurance policy holder pay for all the damages and car value? or is it the same either way
Hello, Im not sure what you mean. Can you rephrase the question? Sorry about that.
Makes sense to me. The driver who is at fault will have to have their insurance cover all of it. This will not fall on you if you are not at fault.
It depends on their insurance policy. Some will cover everything. Some will just pay what the policy allows. Even if it's not your fault. You still gotta pay if u have limited Tort.
I totaled my vehicle and the insurance only paid 28,000 and now I owe 15,000
Ouch. Sorry to hear this Patrick.
I just had an accident... Other person's fault and i was injured so i have a lawyer now, my car is totalled I dont know what's going on at this point.
Hi Alisha, you should receive some communication from your lawyer or at least her or his admin or paralegal. Reach out to them to see what's up....
Okay I just got into a car accident but I was working on my car did I still owe since I was not using my car I didn't pay the insurance on my car just got into an accident the lady ran a red light but yet I do not have car insurance but I do have the gap insurance through my dealership what can I do and yes I suffered some injuries to my hand from the airbag what can I do in can someone please help me
Hi, if you'd like a referral to an attorney near you, please email me the facts, your injuries and your contact info to info@legalvlogger.com - in the meantime, you need to file a claim with the insurance for the driver who hit you.
Why do they only pay what it's worth? Where in the law does it say only what it's WORTH? They are insured. They should pay what you owe. Now your out money and car because if someone else!! They should add the rest of what you owe to the insureds bill!!! It was there fault to being with. That's why they are insured.
It is a harsh way of doing it and Ive seen it negatively affect people a hundred times...
Sam I feel the same way. I was stoped at a red light. There was a car in front of us stoped as well. The guy told the fireman and us that he was trying to bet the yellow light. He hit us hard. He was drunk. This will be my first time using the gap insurance. I looked my car up the most it’s worth 12,000-14,000 I owe 25,000. Now I’m without a car until god only knows. It’s not fair no doubt, but what in life is fair. Just know your not alone.
Right. Frind of mines is going though this also. She was on her way to work and a guy ran a stop sign, hit the back of her car and spun it then it flipped 4 times before the guard rail stopped her. Now she is trying to figure out a way to get another vehicle, they paid the debt but she is still left without a car. Craziest shit ever. Not at fault, going to work, stuck without a vehicle SMH
I just got in a car accident and I don’t have no car insurance and the other person doesn’t have car insurance to I won’t to get my car fix but I don’t have the money to get it fixed and if I stop playing the payment on the car i have to own the money for the car still I don’t noe what to do
Hi, if there is no insurance on either side then the only way to get compensation for your damages (if you think the other party is at fault) is to 1. Ask them to compensate you 2. File a lawsuit against them in small claims court. Unfortunately there aren't any other options that I'm aware of. Barry
Hey thanks! I bought my car from a buy here pay here yard. Owed $3000 and it’s totaled in a tow yard. I got the tow company telling me it’s on me to pay that balance or my license will be suspended. I don’t have to remove the car from their lot since I don’t have the lien or title for the car, the dealership does. Do I still have to pay the dealership what I owe or no given that after the accident happened I found out the airbag system on the car was incomplete and I could’ve died
Morning - I'm not sure I entirely understand what you're asking here.... But I'm not sure that one thing has to do with the other.... What does the airbag system have to do with what you owe on the car?
@@LawFull it has to do with why would I keep paying for a car that I “owe” if the $7,000 I already paid on it was a waste because they sold the car illegally since it didn’t have a certified airbag system. I could’ve died. So if they sue for what I owe, I’ll counter sue for what they did to me. Sold me a car with those issues without telling me. Had I known, I wouldn’t have bought that car..
@@luigiarredondosax I see. Ok, I wish you the best of luck with your case...
@@LawFull not really helpful but ok
What happens if I didn't have GAP and my mental challenge step soon took with out permission and total it. Still owe 17,000 after insurance paid bank 35,000. Damaging my credit tremendously.
Hi - sorry for the delay responding. What's happened since you posted this? Did you speak with your finance company about how to pay off the balance of the car?
I need help. I bought a car for my daughter 1/7/21 and it got in an accident on 1/14. The Insurance is not going to cover the car because the driver did not have a license. Im stuck with a totaled car I cant afford to be fixed and the note is due Monday. Is there any recourse?
Well first I would just not take your insurance company's word for it. Ask for a certified copy of your insurance policy and ask them to show you where it says that if an unlicensed driver was driving the vehicle then the policy is void....
@@LawFull unfortunately that is in the insurance under Exclusions. Im done for
@@tblood3720 Ok, so you saw that unlicensed drivers were excluded? So your daughter caused the accident?
@@LawFull my daughter's unlicensed boyfriend was driving the car at her request. He ran into the car infront of him because the car infront of them slammed on their breaks. I need ro read further. The policy said they wouldnt cover damages if the driver is not listed on the policy
@@tblood3720 Hi, well, I don't have any good news or better advice for you I'm sorry to say. I could be wrong but sounds like you've exhausted your options... I wish I could help more.
I’ve had a car for 8 months and now it’s worth 14,000. And I owe about 20000. I didn’t have insurance at the time, and now I don’t know what to do. I want to get a new car but I don’t know what the best option will be. Repairs on my car are worth 13k...
Hi, did you cause the accident? If not, why don't you file a claim with the driver who caused the accident?
LawFull yes I caused it. I collided on the side of an underpass
LawFull but my car isn’t totaled. Damages are just expensive
@@B1acRerper Oh. So this was a single car accident... I see. Well if you owe $20k to a finance company, they're not going to waive it. You can call them and try to negotiate something but I doubt they will move much. Although things are up in the air now with COVID so who knows.
My name is Sharon I just got into a car accident and found out that my insurance had laps my daughter didn't paid and so the insurance was laps for one day well it laps at midnight and the car accident happen at 12 o'clock that day so they don't wanna cover the car and I am on disability so I have no money to cover the damage on the car what do I do
Who caused the accident
What if you owe $26000 and the insurance only covers $14000. Does gap cover the other $12000?
Theoretically. However, I've not had that big of a gap before. So check with the adjuster if there are limits on how much is covered.
LawFull ok I have GAP insurance through easycare. I read it says they’ll cover up to $50k but i guess I’ll have to see
@@yorriamo Ok best of luck to you.
My 2014 car was just totaled in an accident. But, due to a 19% interest rate, eventhough I've been paying for 3 years, I still owe 14k on a 7k car. What also decreased the value is the mileage @130k, my hubby was an Uber driver using this car. At this point, I need a replacement car, but don't have 7k to payoff the loan. There's no way I can afford a new payment while paying for the old one. So unfortunately, I may end up with a chargeoff.😢
Hi, sorry to hear this. Happens often unfortunately. I hope it works out for you. Barry
@@LawFull Thank you🙂