Legal Question in Credit and Debt Law in Indiana

My car was totaled. At first the insurance co said they were fixing it. They sent me a check in my name which I cashed. Then they said no they couldn't fix it. The problem is I spent the money because I was without a job. What now???


Asked on 8/12/14, 9:45 pm

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

They may be totalling out the car, which means that they're paying you for the value of the car rather than fixing it. If so, they only owe you the difference. Whether you spent the money or not has nothing to do with their fulfillment of a contractual obligation. They only owe you the repair cost or the total loss and then its up to you to get the car fixed.

You do not have to return the money.

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Answered on 8/13/14, 6:45 pm


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