What rights does a lien holder have?

Question

My husband is the lienholder on a vehicle that was wrecked earlier today. He was told that there was full coverage insurance on the vehicle, but later (today) found out that she had dropped full coverage, "beacause it was too expensive."

The vehicle owner was charged with the accident--too fast for conditions and following too close. The vehicle has about $4000 worth of damage to it.

The driver does not have money to get the vehicle repaired nor does she have the money to pay the tow truck driver who removed the vehicle from the scene of the accident. Her plan is to leave the vehicle where it is.

There was no payment contract as the vehicle owner is someone who was trusted to make payments as money was available. Payments have not been made. She took possession of the vehicle in September.

What steps (if any) should he take to protect his investment? Does he have recourse against the insurance company that allowed her to drop full coverage without notifying him?

The vehicle is in GA. We are in SC.

Answer 1

WARNING: Leaving the vehicle on public streets means it'll get towed. Left in tow yard means the vehicle will be SOLD by the tow yard to recover towing and storage fees after however long it is in your state (no more than a month). GET THE VEHICLE OUT ASAP to avoid fees and additional costs, if you think it's worth keeping. Else, donate the vehicle and tell them to pick it up at the tow yard, and offer the split the original tow expense or something.

What kind of paperwork was involved when the lien was originally established? In general if money was lent to buy a car, the lien holder ALWAYS stipulates that the car owner MUST purchase full coverage (i.e. collission). Check if that's in the paperwork. If so, and the car owner was informed of this during signing of the lien (it's common sense, but you'd be surprised what lawyers can do) then "it's too expensive" is not an excuse, then the contract was broken, and what happens next depends on what's IN the paperwork in case one side violated the agreement (generally, it's the car owner, i.e. payee) and what can other side get.

Sounds like you need a lawyer, or at least someone in the legal profession to look things over. It "sounds" like this party that your husband lend money to can't even afford insurance, much less paying up the car.

Insurance company is not required to notify lienholder of dropping coverage that I know of.

I would suggest you immediately repossess the vehicle and chalk it up to financial loss. It's definitely NOT going back to that person, since she has NOT demonstrated responsibility for keeping up with her promises.

Answer 2

i mechanic for a living,and id try and contact the owner of the vehicle,,because if there wasn't any agreement drawn up,and signed between both parties,,there isn't really much you can do about this situation,,unless you take them to court,,and a good judge will give you judgment against them,,but if they don't have anything,,that's about useless,and also it being out of state like this makes it more difficult to prosecute them,,the first question any one will ask you is wheres the agreement ,and you don't have one,,but you can still get your money for this,,but it wont be all at once,,the best that can come of this will be judgment for you and this will probably be made in small payments,,i wish you well on this,,good luck with it,hope this help,s.