by phil1450 » Mon Jun 16, 2008 05:30 pm
My 16 year old daughter (she had her license about 3 weeks) pulled out in front of another vehicle. The lady in the other vehicle swerved and was hit in the passenger side bumper and front quarter panel. She was able to drive her car home and has been driving it to work. Our insurance company wants to total the car because it is a 1999 Toyota Corolla with about $4400 in damages. The lady claims she has a loan on it for $8100. She called and left a voice mail that she would like to work out something with us and not have to go through a lawyer. Can she sue us for the remaining amount on the loan?
Posted: Mon Jun 16, 2008 06:20 pm Post Subject: being sued
Anyone can sue you for anything in this country. If it is below $5000, typically that would be handled in smalls claims court, which means that her lawyer would not be involved.
Most people who threaten to contact their lawyers use it as a threat only.
What you, and subsequently, your insurance company owe her, is the value of the car and applicable taxes, licensing fees, etc. What you do not owe her is for having bad credit or paying too much for her car. If she owes $8100 on a 1999 Toyota Corolla, she got herself a bad deal or a terrible rate on her loan. If you total her car, you owe her the value of the damaged property, not the amount of her loan.
What you should do is contact your insurance company and see how they feel about it, since they are the ones who should be negotiating directly with the claimant, and not you.
Posted: Mon Jun 16, 2008 09:13 pm Post Subject:
The lady claims she has a loan on it for $8100.
She might, and too bad for her she should've got GAP ins...She called and left a voice mail that she would like to work out something with us and not have to go through a lawyer.
Do yourself a favor DO NOT TALK TO HER AGAIN!!! Give her your adjusters name and number and REFUSE to discuss this with her! This is what your adjuster is paid for to handle these claims...DO NOT WORK OUT ANYTHING! You don't owe her anything...your insurance company will compensate her, and protect you from any suit...Can she sue us for the remaining amount on the loan?
She could try, if she files suit immediately get the papers to your adjuster who will forward them to legal, they will provide a defense, and a judge will laugh this out of the court room...Seriously you have nothing to worry about STAY AWAY FROM THIS WOMAN!
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