Auto fraud? Finance company problems.

Asked over 5 years ago - Orlando, FL

I got in an auto accident in January this year in a car that was still being financed with CNAC auto and I was not at fault . I was hit from behind and only had a chip taken out of the back bumper and a dent on the back door. USAA (the person who hit me's insurance co. )Got in touch with me and did an estamate and only paid me half of the money it was not enough to fix the bumper. I did not notify the finance co. because the damage was so minor. I used the $650.00 to make other repairs on the van. Now it is October and I can't afford the van so I turned it back in to them. at the time of the accident I did not have insurance on my van it had been cancled for about 3 days. Now the finance company is calling me saying I have to pay them the mone that USAA paid me for the bumper with in 10 days or they will file legal actions aginst me. They said that they would have to call the sherrif on me. Can they do that is it possible thet I could og to jail for that? I offered to make payments of $200 but they said no they want a lump sum now. I have a family to support and I am the only one who works. I don't have that kind of money. What can I do?

Attorney answers (1)

  1. Eduardo A. Suarez

    Contributor Level 9

    1

    Lawyer agrees

    1

    Answered . Nothing in what you have described suggests that you have committed a crime. However, in situations like the one that you have described, insurance companies sometimes make the settlement in check payable to both the automobile owner and the lender; if that is the case here ,and you deposited the check into your account without consulting them, you may have some criminal exposure. Despite your serious finacial situation, the best thing you can do is to bring all of the paperwork relating to the accident and the property settlement to an attorney in your area and let him or her review them. Whatever consultation fee they charge will be well worth the price.

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