As a lawyer I absolutely understand how this works. It’s OP’s money. There’s no argument here. It’s his insurance contract. If the lease company was paying the insurance - like Volvo does with Care by Volvo - then yeah, no money for OP.
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You couldn’t possibly be privy to the language of either his lease or his insurance policy.
Stop making nonsense generalizations. Go play with your “I’m a lawyer” card somewhere else, somewhere people might GAF.
Are you his lawyer, read his contract?
Leases may have clauses as he is not the owner of the car.
Couldn’t have said it better.
OP, if you do get some $ back that’s awesome, but do not expect it.
The loss payee status of the lessee will make them first in line… Excess payment to satisfy the lease payoff could make its way to you, and I hope it does. It certainly would be the case if you were financing a purchase.
It doesn’t matter dude. As I explained before, the lease contract is not the relevant contract here. The money is to the insurance holder. Only matter if his insurance contract says it goes to the leaser (which it doesn’t).
There are numerous examples of people asking this question here before and the result is universal - overage to the person who holds the insurance policy.
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Stop digging deeper. The financial service gets to choose.
Did you read those threads? LOL.
In the i3 thread, the OP got the overage back. In the i3 thread he even posted a copy of the check.
The Audi thread is irrelevant and has nothing to do with insurance.
Thanks for proving me right.
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Ah, you’re trolling I get it now. I see you can’t read highlights.
Infiniti has clauses that deny insurance overage, Audi does too.
I’m saying it’s not
Aren’t you a lawyer, specific language is very important.
Nope. Audi pays you back dude. Infiniti will too.
Here’s a guy who got the overage back from Audi:
OP - ignore the people saying you won’t get the overage. You will and as in examples above the process will be automatic.
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I had a total loss after an accident. Geico payed bmw and bmw paid me the remainder.
The difference and my msds — not just the msds.
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Why did BMW find out anyway? You should have received the check and paid BMW the pay off.
In my total loss situation, Geico cut a check directly to Porsche Financial first just for their payoff, and then sent me one for the balance of the overage including a supplement for my PSE + ALP jammers (both were added to the vehicle a few months in, not at the start). That said, I consider myself lucky that it worked out and I suppose every insurer and lease contract may differ in their language.
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OP , I wouldn’t worry so much about getting the overage but having now 2 total losses on your insurance.
Better get some lube ready when your insurance sends you your new renewal premium.
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Or it doesn’t at all.
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Ermm? Keep us posted.
The first post states that the local utility (DWP) is “taking the fault”, which I assume means its insurance company. not the OP’s, is paying the claim/loss. So hopefully this will not impact the OP’s insurance rates.
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In all situations the lessor is the lienholder and all situations I’ve seen makes them the loss payee which if the lessee didn’t notify them first as required in most lease contracts they would find out when a check from the ins co shows up in the mail, also requesting the title so they can salvage the value at auction.
It’s not his car though, it’s BMW Financial Services’.
I don’t want to play lawyer but I wonder if it’s state dependant.
In a state where the lender takes title they get the the overage.
In a place there the leasee holds title they are entitled to claim?