help w/ car accident

JonathanS

Member
Joined
Dec 12, 2005
Location
Harrisburg NC
My brother got into a car accident. His car might be totalled. The car he has is up under on the loan. It wasn't his fault. He doesn't gap insurance on the car. I am curious what he can do? I haven't experiecend this before. Any help is appriciated.

Thank You
Jonathan
 
If it isn't his fault, it doesn't matter. The other person's insurance is going to pay for it...

However, he may have to fight with their insurance company about the value, etc. of the vehicle, but thats common as insurance "values" always tend to be lower than market...
 
continue to make the payments to the bank he owes the car loan too. he is responsible for what insurance doesnt cover.
 
continue to make the payments to the bank he owes the car loan too. he is responsible for what insurance doesnt cover.

True Statement...I had a Pickup Truck Stolen in Charleston and the Loan Company could care less about the situation... just wanted the money you still owed...

Also true, the insurance company will probably send some "Low Ball' check in the mail with a letter to sign...Be careful what you sign...don't be afraid to Show Proof of Value of your vehicle...any Pictures before wreck will help...!!!

Took me about 6 months back and forth with my own insurance company before i settled with them...Then they dropped me and I had been with the same insurance company since I started driving...so about 14 years of loyal payments = jack :poop:

Good Luck
 
If its not your fault, don't sign crap except for endorsing the check they send. However, read that information through as well. I've seen letters with checks that state upon cashing or depositing the check, you agree to all terms of the letter, etc etc

And on vehicle loans, the vehicle is the security on the loan. If there is no vehicle, then there is nothing for the loan company to secure the loan with, therefore they will care. If you owe more than what the other insurance can and will give you after all options are exhausted, your only other course of action is to pay off the loan yourself and take the person responsible for the accident to court. Taking him/her to court works fairly well as they are responsible. courts tend to lean in your favor on that. You can sue and put a lein on his property. If he doesn't have any property, you can put a lein on him for future $$$ he was to ever earn until you are paid. Now I'm sure we aren't talking about hundreds of thousands of dollars, so more than likely the court will put a lein on his house or other cars, etc.

Oh yeah, if he is a homeowner, then he prob. has some personal liability insurance to cover things like this. If he doesn't, hes an idiot...
 
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