Co-Signer Repossessed Car

What is the name of your state? Illinois

In September 2006 my brother co-signed a car for me. All payments were made, only one or two were late, but never missed any. In December of 2007, I was late on a payment and he made me relinquish the car to him. Otherwise he was going to call the cops, blah, blah, blah. I gave him the car back, but it had some small dents and one of the rims were bent. I had insurance on the car but at that time it had expired. So, I gave him the car, I signed papers that took me off the loan. So then he got the car fixed. The damages totaled around $2,600.00. Now I am pretty positive that he then insured the car under his own policy and just paid the deductible. Now I am paying ALOT of money to him each week, and I know that the damages occured in my posession and I am responsible for them. But he never gave me the chance to take the car anywhere to get it fixed. He took the car to god knows where and had it fixed and like I said before, I know that he filed the damages under his insurance policy. Isn't that insurance fraud? I am just mad because I cannot afford these payments each week. And the fact that my own brother is screwing me out of money.

Is your brother listed as a registered owner on the restration?

I don't exactly know how the whole co-signer thing works, but now I would assume that he is now since I signed the car back over to him.

I guess what my question regarding this matter really is, is I know that the damages occured in my posession. Now since he has the car back and fixed it, am I really liable for all of the charges it cost to fix it? I know that after he took the car back and I signed it over to him he then insured it under his name and used the insurnace company to fix it. And he only paid the deductible and now I am paying over $2,500 to him. Like I said, I know that the damages occured in my posession and I am responsible for them, but can he claim the damages under his insurance and only pay the deductible and I am stuck paying him extra?????

Tell his to shove the car up his ***.

I wish I could trust me!!!!! So, should I stop paying him the rest of the money and go to court or something????

SonyaW said:

I wish I could trust me!!!!! So, should I stop paying him the rest of the money and go to court or something????

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I read the entire thread but let me make something clear.

Do you or do you not agree that you caused $2500 worth of damage to the car?

Yes the damage did occure while the car was in my posession. JBut, I feel that he is unfairly charging me the whole amount. I do understand what your saying though.

If the car was under your name too, you aren't liable to him for anything. You could have smashed in all the windows and tore the heck out of it, it was your car too. So, no, there's nothing he can do. Call the cops for what, damaging your own vehicle?

SonyaW said:

I guess what my question regarding this matter really is, is I know that the damages occured in my posession. Now since he has the car back and fixed it, am I really liable for all of the charges it cost to fix it? I know that after he took the car back and I signed it over to him he then insured it under his name and used the insurnace company to fix it. And he only paid the deductible and now I am paying over $2,500 to him. Like I said, I know that the damages occured in my posession and I am responsible for them, but can he claim the damages under his insurance and only pay the deductible and I am stuck paying him extra?????

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The brother co-signed the loan. She didn't make timely payments or keep the car insured, and she damaged it. He was potentially on the hook for paying for a wrecked, repossessed car if he didn't act.

OP, how do you know that he used insurance obtained after the damage was done to repair the damage?