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What happens if I refuse to pay an auto repair deductible?

Denver, CO |

I got into an accident this morning with another driver and the officer declined to determine fault and issue a citation because of our conflicting reports. I was driving across an intersection and had the green and she jumped out in front of me and I t-boned her vehicle. She claims that she "thought her light was green". My main problem is that I'm a month and a half behind on payments and was planning to file chapter 7 bankruptcy within the next two months. I wanted to just give the vehicle up as it was also $6000 upside down before the accident. If they choose to repair my truck instead totaling it I don't want to pay the $500 deductible just for it to get repossessed shortly afterwards.

Attorney Answers 4

Posted

If you file the bankruptcy and return the car to the dealership you will more than likely not owe the creditor any money back. However, to start repairs (if you choose that route) you'll likely need to first pay the deductible.

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Posted

They will send an adjuster out to look at the property damage. They may just send you a check for the total repairs less the deductible. your best bet is to find a body shop that will do it for less than the estimate. Contact a bankruptcy attorney for the bankruptcy issue. I would not recommend that you try to file pro se.

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Posted

I agree with my colleagues and will add that you might want to get moving on that Chapter 7 a bit sooner rather than later, with an experienced bankruptcy attorney, of course.

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Posted

If insurance company send you check, use that money to pay deductible. With respect to bankruptcy, retain a local bankrupcy lawyer from Avvo in your city.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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