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I have a car that was involved in an accident over a year and…

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I have a car that...
I have a car that was involved in an accident over a year and a half ago, however I didnt have insurance at the time and the accident was not my fault, the lady that hit my car her insurance had cancelled the day of the accident, now I have had this car sitting in my yard for a year and a half, In the beginning I asked the car lot where I got it to come and get the car they told me no and i had to take it to them, and told me not to let the car get towed, I havent made a payment in a year and a half as well, what do I do with this car? the frame is bent and I cant fix it.
Submitted: 8 years ago.Category: Legal
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Answered in 16 minutes by:
6/14/2010
Lawyer: Phillips Esq., Attorney-at-Law replied 8 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,750
Experience: B.A.; M.B.A.; J.D.
Verified

 

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

I have a car that was involved in an accident over a year and a half ago, however I didnt have insurance at the time and the accident was not my fault, the lady that hit my car her insurance had cancelled the day of the accident, now I have had this car sitting in my yard for a year and a half, In the beginning I asked the car lot where I got it to come and get the car they told me no and i had to take it to them, and told me not to let the car get towed, I havent made a payment in a year and a half as well, what do I do with this car? the frame is bent and I cant fix it.

 

Response: You need to contact your auto finance company to come and take the car back. The contact information is on your bill. Make sure to get documentation that the car has been picked up by them or on their behalf from the towing company that would be coming to pick up the car. Your liability does not end when the car is picked up. After the car is towed, repaired, and sold, the lender may come after you for deficiency if the car is sold for less than the amount owed. You would also be responsible for the costs of repair and towing and expenses of the sale.

 

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Customer reply replied 8 years ago
I have in the past and they have refused to come get the vehicle, hence the reason its still sitting in my yard, the car was claimed to be a total loss, due to the frame being bent, what are the legalities as far as this car goes when they dont want to come and get the car. What are my rights? I dont want to get hit with stealing it or something, they have my address but they are 3 hours away from where I live which is why they refuse to come and get it.
Lawyer: Phillips Esq., Attorney-at-Law replied 8 years ago

I have in the past and they have refused to come get the vehicle, hence the reason its still sitting in my yard, the car was claimed to be a total loss, due to the frame being bent, what are the legalities as far as this car goes when they dont want to come and get the car. What are my rights? I dont want to get hit with stealing it or something, they have my address but they are 3 hours away from where I live which is why they refuse to come and get it.

 

Response: You cannot be charged for stealing it if you have called them to come and get it and they have refused. In any event, if and when they finally come and get the car and the car is sold, they would most likely come after you for the deficiency. They cannot do it now without first coming to take back their collateral. There is nothing else that you can do at this point except to make sure that you document ALL the times that you called the dealer and the lender to come and take the car and they have refused to come and get it. The dealer is not really the owner of the vehicle. The lender is. So, the lender would be the one that you should be calling.

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Customer reply replied 8 years ago
Relist: Answer quality.
Lawyer: NewYorkLaw101, Attorney replied 8 years ago
NewYorkLaw101
NewYorkLaw101, Attorney
Category: Legal
Satisfied Customers: 439
Experience: 10 years civil litigation, no-fault, personal injury, premise liability and municipality law
Verified
Hi and thanks for using Just Answer
Now, first even though the woman's insurance may have lapsed it does not preclude you from filing a lawsuit against her personally - in the state of Texas the statute of limitations is 2 years - now, with regard to the vehicle it is likely that since the vehicle was deemed a total loss the lender may have written it off - I would suggest that you contact the lender in order to determine what is the best way to close out your account and make payments and or resolve the issue of payment
Hope this helps
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