OP - This is pretty standard language. My Volvo lease language is substantially similar. Basically no lease gives you the right to the overage.
That said, some people get it back either because of insurance companies choose to return it or perhaps state law requires it. A contract can say whatever it wants. If it is contrary to state or federal law, that section is void against public policy.
For example here, this contract says Hyundai can endorse a paper check for you. I’d be surprised if Hyundai actually did this. Normally you want a power of attorney to endorse someone else’s check since even if it may be ok assuming you have the facts right, If you happen to have the facts wrong you can get in big trouble.
So my 2021 was just totalled. I was rear ended by a business truck. Insurance paid 26,085.97. Payoff 21,944 Does Hyundai usually just keep the rest of the money how is this fair and what can I do to get this taken care of or is there anything I can do
Imagine the opposite. Your payoff is 26k and car is only worth 21k. Should the bank come after you for the difference?
It’s about risk/ reward. If the bank is taking the risk should they not be rewarded when there is money on the table?
There is nothing you can and just start searching for a new car just in time to get an end-of-the-year awesome deal.
It is fair in the sense that it covers both way - if the car worth less than lease payoff - you don’t pay extra. If the insurance pay more - lessors as an owner get the money.
I had the same thing happen with my Leaf almost 1 year ago when I hit a deer, and Nissan kept an extra $4k or so above the lease payoff from the insurance company.
I’d love to keep but the contract is already written to say they keep it all at the signed contract was signed. The only way is if you don’t report to the lessor about the incident (which requires you to do so in plain language in the contract), send the lessor payoff money and tell the insurance company that the car is yours and you are the one to keep the money.
But in reality that’s borderline fraught. I personally don’t want to get involved with that and just moved on. There was one person here few years ago who tried but we’ve never heard from him since after he decided to do this.