Legal Question in Insurance Law in Iowa

Repossession of vehicle

My uncle died and left me a truck with a loan against it. He had credit life to pay it off. They haven't paid though and now Chrysler is coming to repo the truck. No one can find where my claim has been filed and I can't pay the amount they want to appease them. What are my rights? Am I responsible for anything, there is no will or estate. The truck is all he had. Can I go to jail for refusing to tell them where it is being hidden? Hopefully they find my claim, it was turned in to the representative on 1/16/08 repo happens 3/5/08. Help!


Asked on 2/26/08, 11:46 am

1 Answer from Attorneys

Stephen Lombardi Lombardi Law Firm

Re: Repossession of vehicle

Hi: I'm sorry to hear about your uncle passing away. My first question is how do you know your uncle had credit life insurance? Do you have a copy of the policy? If so you need to immediately make a copy, put the original in a safe place. You need an attorney to intervene. I would be happy to see you and to intervene on your behalf, if your uncle at the time of his death lived in Iowa. If not you'll probably need to see an attorney in the state where you uncle last resided. If there is credit life insurance and Chrysler underwrote or secured the policy they would be stealing the truck if it were repossessed. They have no right to not pay under the terms of most credit life insurance policies and then take advantage by taking back the truck. Any lawyer, including myself would need a copy of the truck title if available, the credit life policy, the insurance declaration page, the purchase agreement between your uncle and Chrysler, the death certificate for your uncle and any correspondence you've received from Chrysler. You have an obligation to secure the property (the truck) so locking it in a garage and not allowing someone to steal it is legal. See an attorney.

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Answered on 2/26/08, 12:05 pm


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