Legal Question in Personal Injury in Georgia

Car totaled, still make car payments?

Currently in an auto accident. I was a the driver of a friend's car that was also involved. We were not at fault. The car has been totaled.

What is the law for a totaled car (by insurance company)as to still making monthly payments?

Getting runaround from the other person's insurance. No rental car or nothing, not even a telephone call. There were injurers.

Please help us in Georgia


Asked on 12/20/02, 3:59 pm

4 Answers from Attorneys

Jim Hough Thomas J. Hough, Jr., P.C.

Re: Car totaled, still make car payments?

The vehicle is collateral for a loan for the purchase of the vehicle. Your friend must continue to make the payments until the loan is paid in full. The key is to get the at fault party's insurance carrier to settle the property claim as quickly as it can be done. At the same time those suffering injuries in the collision need to be evaluated and treated, without delay.

I recommend hiring an attorney to stop the "run around" cycle. I will be happy to speak with you on a no obligation basis to evaluate the claim. If you wish to contact this office, please call 770-607-5300.

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Answered on 12/20/02, 4:08 pm
Robert Windholz Robert S. Windholz, Attorney At Law

Re: Car totaled, still make car payments?

The payment obligation on the auto loan and the crash are not interconnected. The wreck is not a legal reason to avoid paying the loan. It would be advisable to contact the lender and let them know about the loss of the auto. They may, if you request, allow some "slack" on the payments for some short period of time.

It is unfortunately common for some insurers to avoid claims or stall for time.

You likely need an attorney to assist you and make sure that the insurance company treats you fairly.

We can be reached at (678) 990-1584 if you require further assistance. Our office is .3 mile from exit 6 [Northridge] off Ga. 400.

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Answered on 12/20/02, 4:55 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Car totaled, still make car payments?

The loan payments need to be made on schedule to avoid an adverse credit report. As to the injuries, I would need to talk to you about the severity of these before I could properly advise you. Please feel free to call me.

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Answered on 12/20/02, 5:01 pm
Keith Reisman Reisman Law

Re: Car totaled, still make car payments?

The other posters are correct about the car payments, but has your friend called the finance company and told it what happened. There are some responsible companies that will work with your friend on this and not ruin his credit rating.

On the injuries: I strongly recommend that you and the other injured parties see an attorney immediately. The automobiles in the collision have a tale to tell about how the accident occurred. It would be advantageous for an attorney to be involved now to preserve that information. This is crucial if either vehicle was manufactured in the last few years or is manufactured by General Motors.

This answer, though responsive to the question is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.

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Answered on 12/23/02, 3:04 pm


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