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123diddle · Apr 11, 2007, 06:44 PM

I have a couple of different questions..

First of I was rear-ended in February, the person that hit me has no insurance. My vehicle was totaled and the insurance is only paying $5000 to my lien holder leaving me a total of $3000 left due. I have been paying on the vehicle since 2001, and I did NOT have gap insurance. The loan company that holds the title to my vehicle is now requesting the entire $3000 at once or continued payment of my previous car payments. If I don't comply they are threatening garnishment. Do I have to pay this at their requests or can I make payments as I can afford?

Fr_Chuck · Apr 11, 2007, 07:16 PM

You will havve to pay your reguar payment if you did not pay the loan off in full. If you don't, you will be in default of the loan and they may sue you. If they sue you and get a judgement they can garnish your pay.

did you owe that much more than the value of the car?

Next of course you are to sue the other driver for your loss and try to garnish his wages also.

RichardBondMan · Apr 12, 2007, 03:11 AM

Assuming you got the ACV (Actual cash value) of your totaled car from the at fault party's insurance company, in other words you received a fair settlement, I don't see where they, (the ins company) and their insured are responsible and don't think any court would therefore give you a judgement against the at fault party. You were paid for your loss and it's not either of their's legal responsibility to pay your loan off. One should hopefully never owe more on a vehicle than it's worth, of course, it usually realistically doesn't always work that way often since many car dealers, high interest lenders want to sell a car or make a loan. I think you just have to continue to pay your unsual payment if your lender will let you do that. Keep in mind that there is no collateral now for their loan and they could probably require full payment now.