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Okay this is a real scenario; The Ins Co bought my vehicle and sold it (for a 10k profit) Date of loss was 2003....December.
Now in the state I am in, a finance company (which couldnt recover from United Auto in Miami) is attempting to get more money...
Any attorneys or people w/litigation experience?
The statute runs out in Dec 2008, I already paid a shyster here 6k in cash and all he did was have in reverted to another court, sessions to civil...I will fight this as the other party (Haitian resident) left the country but his ins co was supposed to pay 100%, he totaled my car in Florida while I was at a stop light.
Talk with a attorney.If I read your post correctly.Your car was totaled in an accident with another vehicle,who was cited at fault.There insurance paid for the current value of the car,not the balance of what you owe the bank for correct? If that is the case and you have signed off on it.You most likly owe the balance of the loan.You were upsidedown in the car and didn't have gap insurance to cover such an event.Like I said talk with an attorney .
Ok, you should know what you owed on the vehicle in question at time of accident...you're saying the at fault party did'nt pay you enough of a settlement to pay off the loan and now the finance company wants the balance...so, you just thought you wouldn't pay the difference between payoff and what the insurance company gave you as settlement and it wouldn't be a problem? I mean, it doesn't seem like that difficult of a situation...all addition and subtraction math here...PAYING what you OWE, etc...and if you left it up to the insurance company to pay what YOU OWE then I don't think that was a very smart move...gotta look out for #1.
did you get a police report and did they claim that the accident was etirely their fault. that would make it worlds easier on you if you got a police report.
Talk with a attorney.If I read your post correctly.Your car was totaled in an accident with another vehicle,who was cited at fault.There insurance paid for the current value of the car,not the balance of what you owe the bank for correct? If that is the case and you have signed off on it.You most likly owe the balance of the loan.You were upsidedown in the car and didn't have gap insurance to cover such an event.Like I said talk with an attorney .
There was gap insurance and Balboa Underwriters as well as it was a new car-this is stip in the contract:
For some reason no atty in Tenn has a clue of how to deal with this legally- Even if the 4 Ins Cos ripped me off by getting me to sign over the car, and then not paying the loan, legally I dont see how I am responsible, I will file Ch 13 before I give the finance co a penny.
did you get a police report and did they claim that the accident was etirely their fault. that would make it worlds easier on you if you got a police report.
Yes, the police report in Palm Beach Cty stated and cited the other party; they were at fault...I am still having probs finding a good litigation attorney in the state I presently live in
This situation is extremely common. Insurance and finance companies hate to lose money. Most important to understand is that they will simply go down the line of anyone involved untll they get someone to pay. Forget the who's fault it is. Forget what you think is fair or legal. If no.1 on the list has left the country, then No.2 gets the attention. If they can get the information, they will go after passengers, spouses, whoever and see if they can "persuade" them into paying. Especially finance companies will try to scare you into thinking you have to pay. This situation is so common you should be able to find an attorney that specializes in it. Good luck!
Are you from Haiti as well? Your post makes no sense. Sounds like an insurance carrier paid out to compensate you for a 'total loss,' and you got the check 5 years ago. You're responsible for the loan on the car and the terms of the payment. If you simply stopped making your car payments because the vehicle was destroyed and scrapped, you're delinquent, and the reason for a creditor coming after you.
If you need a lawyer at all, you need a bankruptcy attorney. By the way - any action on a loan resets the statute of limitations.
If the ins company sold the car, they had to have had the title from the finance company, so the deal is over and done with. The finance company surrendered the title, doesn't matter if it was paid off or not, they screwed up. Tell em to go pound sand.
If they sold car without title, they are liable. You're clear either way...
Can't believe no attorney could easily handle thgis, however, you don't need one..
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) is attempting to get more money...
