by CANDAS » Thu Dec 22, 2011 09:21 pm
OK, I WAS REAR ENDED , NEEDED REPAIRS THE PERSON THAT REAR ENDED ME THEIR INSUARANCE OK'D FOR MY CAR TO BE REPAIRED. THEY SENT CHECK TO ME WITH MY NAME AND LIEN HOLDER ON IT. REPAIR SHOP SAID I HAVE TO HAVE LEIN HOLDER SIGN AS WELL. I AM INFORMED THIS IS MY RESPONSIBILTY TO CONTACT THEM AND HAVE SIGNED. OR I CANT GET MY CAR AND I AM HELD RESPONSIBLE FOR THE PAYMENT DUE. THE INSURANCE COMPANY IS NOT MY INSURANCE IT IS THE PERSON THAT WAS AT FAULT IN ACCIDENT INSURANCE HOLDER, THEY WILL NOT REISSUE A CHECK WITHOUT LEIN HOLDER ON IT. WELL DUE TO TIME OF YEAR AND BEING OUT OF WORK I AM BEHIND TWO PAYMENTS ON MY VEHICLE AND IS TOLD THEY WILL NOT SIGN THE INSURANCE CHECK TILL CAUGHT UP. FOR ONE I DO NOT SEE WHY THEY PUT LEIN HOLDER ON THE CLAIM REPAIR CHECK FOR REPAIRS. I THINK INSURANCE SHOULD PAY THIS BILL NOT I. I AM NOT KEEPING THE INSURANCE FOR MYSELF I WANTED MY CAR REPAIRED DUE TO THE NEGLEGANCE OF THE OTHER DRIVER. WHY AM I BEING PUNISHED? ANY HELP WOULD BE APPRECIATED. EMAIL ADDRESS TO BE REACHED AT IS CANDAS@ROGERWILLIAMS. COM. OR CANDAS.TERRY@LIVE.COM
Posted: Fri Dec 23, 2011 01:31 pm Post Subject:
THEY SENT CHECK TO ME WITH MY NAME AND LIEN HOLDER ON IT. REPAIR SHOP SAID I HAVE TO HAVE LEIN HOLDER SIGN AS WELL. I AM INFORMED THIS IS MY RESPONSIBILTY TO CONTACT THEM AND HAVE SIGNED. OR I CANT GET MY CAR AND I AM HELD RESPONSIBLE FOR THE PAYMENT DUE
and
I DO NOT SEE WHY THEY PUT LEIN HOLDER ON THE CLAIM REPAIR CHECK FOR REPAIRS. I THINK INSURANCE SHOULD PAY THIS BILL NOT I.
Well, if you cannot see why all this is happening, maybe you need to visit an optometrist.
If the repair shop releases the vehicle to you without being paid for its work, what guarantee do they have of being paid? Your lienholder is on the check because the insurance company paying the repair bill, which is not your own insurer, is obligated to protect your lender's interest by putting their name on the check. There are now two parties other than you who have a "vested interest" in being paid for the vehicle. One for a loan balance, the other for a damage repair bill.
This guarantees that you are going to pay the lender what you owe them, and it does require that they endorse the check so the repair shop can cash it. After all, the repair shop is entitled to be paid for the work it's done, too. It's "your" car, so you ARE RESPONSIBLE for paying the repair bill. The money to do that can come from you or from an insurance company. An insurance company has given you the money to make the payment. But . . . it's a two-party check and BOTH parties must endorse the check in order for it to be cashed.
(You could always forge the lienholder's signature on the check, but that creates a third "problem" that could end up sending you to jail. Then you won't have to worry about needing a car.)
WHY AM I BEING PUNISHED?
No one is punishing you but yourself. Why can't you take the check to your lended and get their signature? Do you think they will keep the money because you owe them two payments and then you will have to use your own money to pay the auto repair shop?
DUE TO TIME OF YEAR AND BEING OUT OF WORK I AM BEHIND TWO PAYMENTS ON MY VEHICLE AND IS TOLD THEY WILL NOT SIGN THE INSURANCE CHECK TILL CAUGHT UP.
OK, I "see" now. So what exactly is the difference? Pay the loan payments, get the car from the repair shop. Pay for the car repairs, get caught up on some/all of what you owe the lienholder. Your choice.
Well, you do have a dilemma, don't you? While your lender should not hold your vehicle hostage like this, they have every right to do so -- and that's probably written into your loan contract, which you probably did not read before signing it. You owe them money and this is how they have chosen to enforce their right to the loan payments.
This has absolutely nothing to do with "the time of year," and everything to do with your unpaid debt. It is the personal responsibility you have to PAY THE DEBT you agreed to pay. It is not "punishment." It is the agreement you made once upon a time because you wanted a car you could not afford to pay cash for at the moment..
Here's the reality: your lienholder can just as easily REPOSSESS your vehicle from its present location at the repair shop as it could from your driveway, and the repair shop could not lawfully prevent that from happening.
If you don't settle this matter quickly, that's probably what will happen. When it does, then you can expect the repair shop to sue YOU for the value of the repair work it has done. The good news is that you have a check that will solve that dilemma. Just not the way you want to. But it's not your "game" and you don't get to make the rules. Such as:
I WANTED MY CAR REPAIRED DUE TO THE NEGLEGANCE OF THE OTHER DRIVER.
That has been done. Your "problem" stems not from the collision but from your failure to pay your loan payments, which is an entirely different and unrelated matter. But now, because the two matters intersect, you "think" you're being punished. That's why I said the only person who is punishing you is YOU.
What can you do? You can call the insurance company that wrote the check and ask politely if they will reissue the check in your name and the name of the repair shop, because they can do that, too. But they are not required to do so. If you ask nicely, without arguing, yelling, or screaming at them, they might write a new check and at least you can begin driving your vehicle for a few more days.
But don't be surprised when you take the check to the repair shop, sign it, and after handing it over to them, the repair shop says, "Thank you," and when you ask for the keys to your car, they say, "Oh, we don't have them any more. Your bank repossessed the car yesterday."
You'll still owe the lender the two or three months' worth of loan payments. If you continue to delay making those payments, they might sell your car at auction and send you a bill for the unpaid balance due on your loan. If you don't pay that, then you can expect the lender to sue you in court for the amount due.
Welcome to the real world, where personal responsibility is still expected by those from whom we borrow money, or by those whom we owe for their labor on our behalf.
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