<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by AgitatedInAlabama:
Also, my adjuster has offered a settlement that would not satisfy my lien. Can I request the difference as special/consequential damages? My reason is such: In order for my totaled car to be released to the insurer (at-fault), the lien must be paid.
Your response is greatly appreciated.<HR></BLOCKQUOTE>
My response:
Your insurance company is only liable to you for the current value of the car, not what you have left to pay. They are not responsible for the fact that your car isn't worth as much or more than your current loan.
Once they pay you the "fair market value" for the car, the car belongs to the insurance company.
You, or the lienholder, gets a check and you get to continue making payments until the lien is paid in full. This is what is known as "being upside down" on a car loan.
That's the way it goes, I'm afraid.
IAAL
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