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Finance verses Death

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paul92831

Guest
California. My best friend of 28 yrs financed truck. Only he signed papers for. Wife not involved. Went on fishing trip to Mexico- had
auto accident, he died. Truck demolished. Widow now raising two
kids & gets much less pay seeing together they were apartment
managers. Auto dealer harassing widow to pay husbands total bill for truck, roughly $ 23,000 . this woman is distraught enough
over losing her mate, but now this stupid dealership is driving her
harder. I fear she'll break under the pressure ! Under California law does she, having not signed the contract, not being involved in any way, bear any legal responsibility to pay that bill ? Or could
she simply file a lawsuit against them for harassing her in this darkened time in her life ? your help would be greatly appreciated
. I think the car company is trying to ' scare ' her, or pressure her
into paying something she's not responsible for. Please answer me a.s.a.p , and help a life not go beserk ! Thanks, paul
 


JETX

Senior Member
Bad news.

California is a community property state, which makes the wife jointly liable for any communal debt. Even if she didn't sign the agreement.

Besides, who did you think was going to pay the remainder on the truck debt?? That is the reason that the insurance companies sell life insurance... to help pay debts in the event of death.

Where is this guys insurance??
 
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paul92831

Guest
Thanks Halket , true , but I'm not sure about the life insurance he
had. I know he had insurane , but his wife needed to get away with the kids for a time so I will not see her till next week to ask
what his insurance covered . And as far as his insurance company
paying the bill, that I'll investigate pronto ! Thanks , I'll keep ya
posted on the results.
 

stephenk

Senior Member
since he was driving in Mexico, did he purchase Mexican auto insurance before going? Did the truck have auto insurance coverage anyway while he was living here in the U.S.?
 
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paul92831

Guest
Hey Stephenk, thanks for the input . Yea, as far as I know he was
covered here & in Mexico . Halket says she is liable here in Ca , &
I did hear that from a friend besides . I still need to find out what
kind of coverage he had before he perished . And that means I'll
need to wait till the coming monday or so . I do know he took out a new policy about a month before his accident , but I'm not sure
what type of policy it was or what it covered .
 

JETX

Senior Member
With all due respect to stephenk, I think this thread has gone off subject a little.

Originally, the concern was repayment of the loan on the truck due to the husbands death. That was why I responded that the husbands life insurance (if any) was intended to repay those debts left.... and confirmed that the widow was still liable for the truck payments.

Somehow, this thread then got 'moved' to the issue of liability insurance in Mexico. Lets not get confused, these are TWO separate issues.

As to the truck repayment, my post stands. The widow is liable due to community property.

As for Mexico insurance, that will only cover the other drivers (if any) damages and will not make payments on the truck.

Bottom line, the lender will still demand, and expect, repayment of the truck loan. That debt doesn't just 'disappear' on the death of the husband.
 

stephenk

Senior Member
i also wanted to know if he had full coverage on his truck including property damage coverage with either or both the Mexican policy and his regular insurance policy. Making a claim under the property damage provision may be enough to pay off the outstanding balance on the truck.

Plus if he just refinanced the truck, typically there is a policy to cover the truck in the event of a loss. find out if the dealer had a policy covering the truck that hubby was paying for in his monthly payments.
 
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paul92831

Guest
Thanks to both Stephenk @ Halket . Your both trying to cover the
angles you see as vital . As I said previously in this post , the widow will be home sunday night so I'll either be able to ask her then or will have to wait till monday to find out . I'll find out what
coverage he had in both countries and let you know so you'll be able to give me the necessary advice . I appreciate the help -
paul
 
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paul92831

Guest
Ok , found out that he had Mercury Insurance , but they refused to cover him in Mexico. He then got a three day Insurance in Mexico . He died on the first day . Now Mexico said he was intoxicated , but there was no Toxology report . So , will she simply be screwed by Mexican laws ?
Maybe she needs a lawyer who deals with foreign laws . Maybe ?
 

stephenk

Senior Member
not maybe, but for sure. she needs to consult with an attorney who deals with Mexican laws.

Did the truck have insurance through the financing company?

Make sure Mercury sends a letter detailing why they are not covering the loss and for specific reference to the policy.
 
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paul92831

Guest
Thanks for the quotes and questions Stephenk, you've been a help & I appreciate it . I had heard from a few friends to find an
attorney that deals with foreign affairs . I'll again have to wait till
tomorrow ( thursday ) to find out about his having had insurance
through the financing co. And I'll definitely inform her to get a statement from Mercury telling why they refused to cover , and a specific reference to the policy - thanks
I'll keep ya informed
 

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