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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30386
Experience:  Lawyer
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I am inquiring about some legal advice I was involved in an

Customer Question

Hello ,I am inquiring about some legal advice I was involved in an accident and my insurance company will not pay off the lien on my car and My credit union will not release the title . I am stuck with no car and owing money on a car I am not driving , furthermore when I contacted my credit union she stated that she was told to get an attorney by a representative of ALLSTATE , I don't know where to go or what to do .
JA: What state is this in? And how old is the car?
Customer: Minnesota and 2002 camry paid 6,100 after tax and licensing in april , now car is totaled . I have 4600.00 left on my loan and they only want to pay 3542.00 that is minus my 600.00 deductible and supposedly the cars value . I had actually returned to the dealership where I bought the car and told him I have put 1500.00 into this car already within 30 days . He laughed and said the car is 15 yrs old . the car I traded in was 16 yrs old . I believe they sold me a lemon but the car is too old to qualify for lemon law.
JA: Have you contacted the manufacturer?
Customer: I have not My airbags did no deploy either not*
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes the other party involved has not contacted my insurance company , which I thought was strange .
Submitted: 1 month ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 month ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

What is the value of the car according to Kelly Blue Book? Did you purchase gap insurance when you bought the vehicle?

Customer: replied 1 month ago.
I was not offered gap insurance through my credit union* my lender ..there was no warranty ..however , the cars airbags did not deploy , is that a manufacture defect ? Or the dealership should have checked to make sure they were functional .also the brakes were not safe ..kbb says 1500.but that's for trade in value..i paid 5400.for that car sunk another 1500.into it ..how can dealerships overpriced a car by thst much
Expert:  Lucy, Esq. replied 1 month ago.

I'm sorry to say, the insurance company is only obligated to pay the value of the loan. They're not responsible for the fact that you overpaid for the car. When a lender doesn't offer gap insurance, it unfortunately is the vehicle owner's obligation to pay any remaining balance owed on the loan after it's totaled (or sold).

Trade-in values are always lower. You'd want to look at the private party value, since you're not trading the vehicle in. You can try to argue the insurance company up to a higher amount.

Manufacturer warranties typically only last a few years. I'm afraid that the fact that an airbag didn't deploy on a 15-year-old vehicle wouldn't be grounds for compensation from the manufacturer. A used car is sold as-is. The dealer has no obligation to check airbags, as long as they didn't specifically say the airbags worked.

Even then, that would be an issue only if you were injured, not part of assessing the car's value.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. Please rate my answer positively to ensure I am paid for the time I spent answering your question. If you are on a mobile device, you may need to scroll to the right. Thank you.

Good luck.