My vehicle had just been damaged by hail a week ago. I have about $1500 worth of damages. It is very minor and only noticeable if you really look closely. I got a check from my insurance made out to me and ME ONLY. There is no leinholder or bank name on it beside my name. Anyways....do I have to use the check for repairs or can I use it for whatever? When I trade in the vehicle, I will take some loss for it anyways towards the value...so either way, I can get it fixed with the money now or just take a loss later for it right? Can I just deposit the check in my bank and use it toward bills? Can I get in trouble for it? I still owe money on the car too by the way. What can I do?
2007-05-18 11:28:21 · 11 answers · asked by tmae 2 in Business & Finance ➔ Insurance
If you have a loan on the car the insurance company should have put both your name and the loan company on the check. Legally the loan company is both an owner of the vehicle and an insured under your policy.
I would be careful about just cashing the check and not repairing the car. Depending on where you live you may have a legal duty to notify the loan company of the damage to the property they are co-owners of.
The loan company will be very unhappy if they find out that you have lessened the value of their collateral.
I'm not an attorney, but I recommend that you consider carefully before cashing the check and not repairing the car.
You might want to call the loan company and without identifying yourself ask them what you should do.
2007-05-18 12:07:21 · answer #1 · answered by fighting saints 6 · 0⤊ 0⤋
1
2016-09-24 23:59:19 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Yes, you can just deposit the check. The problem occurs if you have a total loss - the insurance company WILL discount, or deny, the damage to the parts they've already paid for, because, well, you didn't get them repaired. THEN there's a secondary problem - if you're "upside down" on the car, with the loan. So you COULD end up with the insurance company paying out a total loss, less $1500 or more, to the BANK, and you getting NOTHING, and still having to make a few more payments to the bank until your totalled car is paid off. Plus storage fees, until the car is paid off - because the bank won't turn the car to the insurance company until it IS. And storage fees are $25 per day, if you're lucky.
2007-05-18 12:13:54 · answer #3 · answered by Anonymous 7 · 0⤊ 1⤋
Technically if it is your name only then you can do what you want with the money. Ethically....your the one that sleeps at night.
You took out a loan or the car...the bank is a secured party meaning the collateral was your car. Obviously your car is not valued as high now. So this is what happens.
If you have another hail claim...your history with the insurance company will be flagged and you will not get another check for another Hail claim...or it will be very little.
You will eventually have to trade your car in or replace it. Either way the value of your car now is lowered and ultimately you will have to reimburse your self for the damage.
2007-05-19 02:34:51 · answer #4 · answered by DFK 3 · 0⤊ 0⤋
If you own the vehicle, there of course would not be a lienholder/bank listed. Otherwise, if you do have a lienholder/bank loan - most likely in the loan contract you have with them, you have agreed to repair the vehicle in case of damages, that includes hail damage. Before you cash the check for your own purposes, make sure you check your contractual agreement, you want to make sure you don't do anything that would cause you trouble down the line.
2007-05-18 12:15:24 · answer #5 · answered by S17V 4 · 0⤊ 0⤋
yeah, you can do whatever you want with the check. the only thing is if you ever need to make another claim in the future, they will give you very little for the damage because your car will be worth a lot less with the hail damage still there.
2007-05-18 11:33:54 · answer #6 · answered by george 2 6 · 0⤊ 0⤋
If the check is only for the $1500 to cover the damages to the vehicle you should be ok to spend it unless the vehicle is for the entire price of the vehicle.
2007-05-18 11:35:03 · answer #7 · answered by Henry Sosa 3 · 0⤊ 0⤋
How can you still owe money on car with no lienholder?
If no lienholder you can do with what you want. If there is lien on the insurance should have written check out to both of you requiring you to repair vehicle.
2007-05-19 08:56:40 · answer #8 · answered by mamatohaley+1 4 · 0⤊ 0⤋
LOL! I had the same thing happen to me when I lived in Milton, Florida about 3 years ago... We just used our check for whatever - actually paid bills with it. I wouldn't recommend spending it on anything except what it was meant for. It sucks having a car that looks like a golf ball!!! I'm still driving mine like that!
2007-05-18 11:37:45 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Do whatever you want with it. It would only have the lienholders name on it if it is a total loss and legally the check would have been sent to the lienholder if it was total loss.
2007-05-18 11:41:41 · answer #10 · answered by Lori B 6 · 0⤊ 2⤋