Edit: Understood
Wow some really sensitive people on here. If it bothers your sensibilities no need to chime in. Since it wasnt my fault and I need to replace my vehicle to get to work and take my kids to school Iâd like to know this information. I only provided the info later to provide the context of why i dont have access to the contract.
Yes the above link is the car crash. As far as being out during a blizzard I was coming home from work.
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Iâm actually shocked people are jumping on you.
You experienced a pretty bad accident where someone died, surely that is pretty heavy and stressful. I donât think you necessarily need to cry about it or open up just to get some basic information on whatâs going to happen in regards to the car - especially since youâve been a long time leashackr.
Sorry about the accident, sorry about the scummy people on the internet. Take what information you can get and ignore the others.
Everyone detracting ask yourself, If this shoe was on your foot, surely one of the questions youâd have is âwhat is supposed to happen with the car payoffâ?
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The man nearly killed 6 people. Fuck him, probably another DWI that only took his own life.
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And letâs not go down that route either. Who knows if he genuinely got lost in a bad snowstorm. No point in judging.
That was someoneâs child, friend, brother.
Nobody wins in this entire situation.
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I think that OP (who wasnât at fault) has every right to be a smart consumer who is caught up in a bad circumstance beyond his control. I also think that we should keep the topic steered towards helping the OP make the best out of a horrible situation all around without speculating or denigrating the deceased either, regardless of how or why it happened. Keep it on topic.
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There have been other posts about similar situations and it was always dependent on the state. Some got to keep the equity, some actually got nothing other than the car being paid off.
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Keeping your car loan paperwork in said car is a horrible idea.
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Thanks mom go troll somewhere else!
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Call the lender, they can usually send you the contract copy. You need a copy of contract for numerous reasons
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My two cents here. This may work or it may not. However, if you have the means to buy out the lease then you can purchase the lease and force the insurance company to pay you the difference. Maybe worth tapping your HELOC or other assets to pull this off to try to capture the equity.
When it doesnât work, youâre left owning a totaled vehicle that the insurance company wonât pay out a dime on.
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@max_g Can you walk me through the logic of how the insurance company would escape liability and fulfilling the legal requirement of restoration to the OP to a pre-collision state?
I think it revolves around the fact when insurance policy was purchased you disclose itâs a lease.
Doesnât âchange of ownerâ constitute as misinformation leading to denial of a claim?
Read from here onwards:
Letâs follow that logic. Are you saying because you opted to purchase the vehicle mid-lease that constitutes fraud? People purchase their leases on the regular. I would invite someone to show me a policy declaration clause or case law that states that on the date of loss the interest in the vehicle is static and cannot be changed. A person can change their interest in an asset or item, buy selling, gifting or otherwise transferring their interest in any given asset or property on any given day, unless there is an agreement, case law or clause between the insured and the insurer to the contrary. Further, the party at fault is liable to the OP. There was no agreement between the at-fault partyâs insurer and the OP as to how the interest in his vehicle would be held (lien, unencumbered) nor can they limit the right to transfer that interest.
BMWFS has the right to immediately terminate the lease in the event of a total loss, meaning the leasee cannot buy it out.
This is from a BMWFS lease contract in the Shared Deals section.
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Cmon are you going to be this disingenuous just for the sake of prolonging an internet debate?
Buying a leased car mid-lease is not fraud. Obviously. Now one said it was.
The fraud part is where the buyer pretends (technically, omits to mention) that the vehicle in question is already totaled.
Letâs say a car was worth 30k before it was totaled. Itâs worth 3k totaled. You buy the car knowing itâs totaled and then try to collect 30k or thereabouts from the insurer?
Thatâs insurance fraud in both NY and NJ.
Itâs irrelevant how you were able to acquire said vehicle. Whether it was leased to you or you found it in a ditch or a junkyard or wherever, itâs only relevant to the point that proving fraud just became even easier because the lessee leased it.
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@max_g I disagree. If the OP is the registered owner he has an insurable interest in the vehicle with HIS insurer. At the time of the accident, the OP had an equity interest in his registered vehicle, which the at-fault party is obligated to remedy.
Iâm not suggesting to fail to disclose the loss to the lienholder, if required contractually. The scenario you presented lacks context and detail and based on that very limited fact pattern I would wholly agree it would be insurance fraud; where in that specific scenario you present, you donât say whether you purchase your equity interest as the registered owner of the $3k totaled vehicle.
@Jon You said something absolutely key related to BMW (not RAM), which says BMW has the RIGHT to immediately terminate the lease. This does not mean BMW will automatically take that path. Itâs worth the conversation with the respective finance company as to options theyâll agree to.
He can and should go after the at-fault partyâs insurer and/or estate.
But he should go in with eyes wide open and the facts straight.
He had no equity in the vehicle. Nada. Zilch. All he had was an unexercised option which is now void. What, if any, monetary value that option had prior to the accident is going to be argued between him and the other party(ies).
But buying the vehicle after it was totaled and trying to collect pre-accident value from the insurer is going to create more headaches at best, realistically a large financial loss, and jail time at worst.
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