my vehicle was recently in an accident that was not my fault.I still owe on the vehicle and the insurance company said they were paying my vehicle off
my vehicle was recently in an accident that was not my fault.I still owe on the vehicle and the insurance company said they were paying my vehicle off
March 13, 2014
Under Ohio law, you are entitled to the fair market value of vehicle at the time of the accident, which may be more or less than what is owed on the care. You should have received a release from the insurance company to settle the property damage claim, and the release should have specifically stated how much the insurance was paying for the loss of your vehicle. You would have had to sign this release. And, because their is a lien on your vehicle, it is proper for the insurance company to pay any proceeds first to the finance company towards the loan, and if there is anything left over after paying it off, to you directly.
If you agreement with the insurance company was that they would pay off your car regardless of what you owed on it and regardless if the amount owed was more than the fair market value, then you should contact an attorney to discuss it with him/her. If that was the case and the insurance company did not pay off your vehicle, then they have breached an agreement with you. But, you most likely signed some document saying how much the insurance company was going to pay you for the loss of your vehicle.
Best of luck.
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