My car was totalled in NC. I am currently paying for the car

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Posted: Thu Dec 17, 2009 10:19 pm Post subject: My car was totalled in NC. I am currently paying for the car

2003 Nissan Sentra will need to find out how much I have left on the loan

john_shirley40

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Posted: Thu Dec 17, 2009 10:28 pm Post subject: moreinfo

My ex was using the car in NC and was maintaining insurance on the car. I'm still paying the loan. The person that totalled the car was barrowing it but was not insured. Will the lein holder get the settlement directly? What are my next actions

john_shirley40

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Posted: Thu Dec 17, 2009 11:15 pm Post subject:

If their is collision insurance on the vehicle of if the other person was at fault, the insurance company would pay the lien holder directly up to the value less the deductible. Any remaining amount would go to your ex. That is, as long as her carrier does not have an issue with the driver. They should not as long as the person does not live in your ex's home. Moot at this point but please understand that as the owner, you may be held responsible for the use of the vehicle. If you own it, it would have been a good idea to be listed on her policy as well.

tcope

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Posted: Fri Dec 18, 2009 12:22 pm Post subject:

More than likely yes, but it would depend in large what the meaning of the Loss Payable Clause in NC states, and the contract between you and the leinholder. In your case, I don't know in NC if someone barrowing your car and destroying it would be a conversion of the clause. If it is, then it is possible that you would recieve the settlement. Your next step would be to check the loss payable law in NC and your loan contract.

Trench

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Posted: Fri Dec 18, 2009 12:42 pm Post subject:

I think you need to get ahold of whatever insurance company is paying this claim and let them know quickly that YOU not your ex are the owner of this vehicle...I've seen this happen WAY too many times...if he hasn't listed a lein holder, they can (and will) pay him direct, he could even settle it as owner retain, there by not getting the title involved..it can get really hairy for you...the car is gone, he isn't bound to pay the lein holder, why would he? it's not his bill or credit.. Get ahold of the adjuster and let them know that there is a lein and the lein (and car) are in your name. That way they HAVE to protect both you and the lein holder _________________ "Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.