Car totaled, no one will pay, still owe money...help.?

Question

My brother was spun into a guard rail by a car trying to get into his lane and then hit again by a 2nd car that couldn't stop in time. 1st car took off. 2nd car totaled my bro's car. At the time he was switching car insur companies. His old car insur com said they wouldn't pay it. The new car insur com said he wasn't "offically" covered until 2 days after accident. 2nd drivers cars insur co said they wouldn't pay because there were no witnesses and they were told by thier cust that my brother hit him while spinning. No one will pay to get the car fixed and he is still making payments on a car he can't drive. What can he do with this car ? It is still owned by the bank.

Answer 1

Get an attorney.  If the insurance company told him he was covered then he should have been covered.  Don't you wish we would tape every telephone conversation ?  Maybe the telephone company can provide a tape of the conversation when he was told he was covered?

In any case, he must continue making payments on the vehicle.

Answer 2

Contact an attorney.   The insurance company is trying to get out of paying,   Let him do some investigation and light a fire under the a$$e$ of the insurance that needs to cover this matter. Your brother is the victim of a hit and run by the first car,   and the second car actually did the totaling.   The attorney will know how to sort out this matter. Your brother is only one person against a insurance company,   Legal help is needed in this matter.   As far as the bank note,  he is still responsible for that,   until the insurance matters are resolved and the value of the vehicle is paid to the bank.   I hope the vehicle is worth more than what is owed,   if it is the other way around,  it is called being "upside down".   in that case,  your brother will still be responsible for the remaining amount owed to the bank after the insurance pays them the ACV (actual cash value).     Insurance companies will not pay off a full car loan,  they will only pay what the vehicle is worth.  Good luck ! !

Answer 3

You either pay it or it will be repo'd. Life is tough -- life is tougher if your STUPID.

Answer 4

Your Bro will pay---Why would he buy Insurance that didnt start for 2 days?

Answer 5

unfortunately he is legally still responsible for the car note.  he really should have made sure he was covered before driving and also that he had gap insurance in place to cover the difference in the loan amount and the actual cash value of the car.  even if he had insurance theres a really good chance he would still owe on the car as insurance only pays the ACV not the payoff amt.  sorry, he either pays it off or they take the car and file him in collections.