This is actually a great perspective.
If you do get some money out of the insurance, use that to pay for your over mileage fees and forget about the wheels and tires.
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So many bad financial decisions in one.
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This will 100% happen. @Reecey You will be wasting time/money arguing for diminished value that will ultimately go to whoever owns the car (your captive bank)
Unfortunately you have to take the loss on this one. As someone else above, consider yourself lucky that this is did not happen after you bought the car in which case you would have been out more money because of taking the depreciation hit on a nearly totaled vehicle.
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The law doesnât care about intent, there is no purchase contract in place, you havenât taken a loan out to buy it.
You have a contract with a lease, there was an accident, they are fully repairing it. That is the extent of their responsibility, you canât sue anyone because YOU went over miles and made a choice to put your own wheels and tires on it.
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Request diminished value compensation from the party at fault. I had the same issue with a Subaru. Hit while parked in my driveway after a paper delivery driver decided to use my driveway to turn around. I requested $2400 for diminished value, settled on $2000 because with the Carfax entry, the car was no longer eligible for a certified used car
Itâs a lease, he will be requesting it for the Bank.
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From that wreck, the repair costs were sent to me, made out to me and the repair shop, the check for diminished value was sent just to me, made out to me. I never gave any bank information to the insurance company
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Then if the bank sends you a bill, you can post later about how the bank is ripping you off.
But legally, itâs the banks, you are renting a car, and if you crash a rental donât expect any diminished value from Enterprise rent a car.
Ok real talk: these 2 issues arenât related so you need to stop conflating them in your mind. You signed a contract with a mileage limit and associated fees should you choose to drive more than the contractâs limit. You chose the latter and were going to buy the car to bury the mileage penalty (makes sense). An accident occurred and your desire to purchase the vehicle has gone away. Both of these are solely your decision & responsibility: the decision to drive over your miles and the decision to no longer purchase to bury the miles. Neither of those decisions are due to the at fault party. They are yours and yours alone. The sooner you come to terms with that reality the sooner you can move on with your life.
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Has nothing to do with the bank. Unless lenders have added diminished value clauses into the contracts, they are out of the picture. The car was repaired. With the Subaru I actually bought it at the end of the lease and sold it a couple of weeks later because it as worth more than the residual value
After the Jeep is repaired, get a purchase estimate from Carvana/Vroom. With Wranglersâ absurd resale value, it is POSSIBLE you could still come out better selling it to them than returning it and paying the miles and disposition.
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There is no diminished value clause in lease contracts because you do not own the car.
Just take your 2k and run with it. You managed to sue on your own when the car didnât belong to you and settled. I imagine a court would not have upheld diminished claim if they didnât settle as the actual car owner wasnât involved in the proceedings. Strange how the other insurance company didnât pick up on this.
I have seen other cases like this, but you do not own the car and thus have no real claim to diminished value, the captive does.
I am admittedly not a lawyer and just a rando on the internet so my word is equally worth yours. Nothing.
Suing the other party because you now donât feel like honoring your end of a contract is a pathetic response for an adult with an adult son. He might be grown, but heâll still learn from your actions regardless. Perhaps you and your son should take this as a learning experience rather than trying to skirt responsibility for a series of bad decisions on your end. Yes, itâs unfortunate that the car is wrecked, but you should be thankful itâs only a lease and your son is okay.
They should sue.
Now theyâve put their intentions on the record, and identified that they are in Kentucky, This thread will help bury them in court. With a quick IP subpoena.
Iâve set up a court watcher bot for a few of the key terms, so that if they do so, I can reach out to the defendants and help them.
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Miles always come directly or indirectly out of your pocket. Youâd be buying a car worth less
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