george

This is a discussion on george within the Accidents and Injury Law Questions forums, part of the Legal Questions & Answers Forum category; my wife was in a accident, she was rear ended the man that hit her was intoxicated, the mans insurance co is paying for my cherokee but i still owe ...

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  1. #1
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    george

    my wife was in a accident, she was rear ended the man that hit her was intoxicated, the mans insurance co is paying for my cherokee but i still owe on it, basically what i owe the bank, the problem is that i and not able to get a new auto loan at the moment and am in need of a vehicle, is there anything i can do??? civil lawsuite?? anything??


  2. #2
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    Are you saying her insurance company didn't fully cover the repair amount to fix the damages to the vehicle?
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    Unfortunately, if the vehicle was totaled, unless you carry gap insurance, you are responsible for the deficiency in market value and loan amount. There is no one to sue over this specific issue.

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    There is a way around your dilemna. For instance, let's say your vehicle was totaled and is worth $8,000 but you owe $10,000. Demand a "Constructive Total" calculation.

    Since you were rear ended, the other party is at fault. You were damaged $2,000 in my hypo. The other party's insurance company must put you in the position you were in prior to the accident (owe you two grand). That is, "Make you whole again".

    I would also let the adjuster know that you do not feel quite as physically and mentally good as you did prior to the other party rear ending you. Good luck!

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    you can not challange a bank schemes or their plannings but you have a point you can go to the court.


 

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