consult a local attorney as soon as possible and get advice from someone who knows what they are doing.
The information provided herein is for informational purposes and should not be construed to establish an attorney client relationship. To establish such a relationship, the prospective client would need to meet with me in person, and have a detailed discussion about all the facts and circumstances surrounding your case.
I agree with Mr. Varble. You will want to talk to an attorney in your area. There may be something an attorney can negotiate on your behalf. But it will depend on the policy you have, as well as the situation with the lien holder of your vehicle. You can use AVVO's find a lawyer tool to find a reputable one in your area. Good luck with this.
If I understand your question correctly, you should be entitled to payment for the value of your vehicle. If you truly have "full coverage," then you should be covered for damage to your car, even if you accidentally cause that damage yourself. I can see your insurance company denying you benefits for an uninsured motorist claim arising out of this situation, but you haven't specifically said you were seeking payment for personal injuries. Generally, to make a successful uninsured motorist claim in Iowa, there must be contact between your vehicle and the "phantom" vehicle.
I am guessing, and only guessing, that the value of your vehicle is less than or equal to the loan balance. That may be why you are not getting anything to put in your pocket toward a new vehicle. On the bright side, that means your loan is paid in full, and you should be able to get a loan for a new vehicle. But to give you an answer, you would need to discuss the situation in detail with an attorney.
For more information: www.thomasmoens.com By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.
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