Expert: Richard Hixenbaugh - 4/26/2010

Question
In 2003 My wife was in evolved in an accident where another motorist backed out of their driveway on a blind corner into my wives path of travel. The car was moderately damaged on the LH front corner. I had the vehicle towed to a local body shop for repair. My insurance Co came out to inspect the vehicle's damage and determined that it was a total loss.  They then proceeded to offer me a settlement of $2500 for the car,which at the time was 3 years old and had approximately 70,000 miles on it. I owed $6700 on the car at the time so I tried to negotiate with my insurance co by getting quotes for cars with comparable make, model, year, mileage, and condition.  I found several selling for $1000 or $2000 more than the amount that I owed on the car.  After several phone calls back and forth with my insurance co the adjuster said he would talk to his supervisor and get back to me, meanwhile the bodyshop lein saled my car for storage.  the bank that I had the loan through sing the lein paper work over to the body shop, giving them the car free and clear with a clean title.  I found out later that the body shop repaired the car in less than one day with about $800 in parts and paint.  I told the bank that they gave away the asset and I felt I was no longer responsible for paying them, a mistake on my part I'm sure.  My insurance co never payed one dime on the car, the other parties insurance fell short of paying my wives medical bills, and now the bank is sueing me for $12000 and has attached my wages.  Do I have any choices or recourse in this matter?  Thanks for your time C.

Answer
Hi Chris,

You had many choices and recourses back at the time that all this happened. However, all that happened 7 years ago. Based on you statements, if the bank is alreding garnishing your wages, this hs aldy gne to court and that received a judgement against you. Once all this has happened it is too late to o anything. When you receive suit papers in the mail, you need to hire an attorney right away.

You need to contact your insurance company to try collect what ever you can, but first you nat want to speak to an attorney to be sure you don't mess anything up any more than already ha occured.

I hope this helps
Richard Hixenbaugh