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I had a car accident in 8/2009. My auto insurance was willing to pay for repairs. I had the car taken to a body shop. My insurance wrote a two party check. Before repairs could get done to my car the lien holder repossessed the car. I was out of work injured, lost my car and DEPRESSED. I filed for bankruptcy 09/2009. 04/2010 my insurance company called me and asked why i never cashed the check issued. I said it(check) was still with the body shop. They put a stop payment on the check and rewrote the check to a different body shop. ( NO I DON’T HAVE THE CAR) . I knew this body shop that did the works ( SOLD cars, body work and auto repair etc) . I found a car I liked and the owner and I went to cash it and the check had a stop payment!?! I called my insurance company and they said NO there is NO stop payment on the check. I returned the check and filed to take them to court.06/2010 I got a call from the lien holder and they stated they were contacted by my insurance company and they stated they were entitled to the money.I said I don’t think so because I filed bankruptcy 09/2009 and It would be complete 09/2010. My insurance’s lawyer is trying to get me to do a two party check with the lien holder….. I DON’T BELIEVE I OWE THEM ANYTHING.

6 Comments »

1. 

   when you filed bankruptcy what kind did you file,? were you able to keep your car or did you have to sell it according the type of bankruptcy.. this may effect who gets the money for the repairs.

   why did the insurance company send a new check to a different body shop if you and they didn’t have the car.. ?

   i would say in the end, take what you can get.. part to the insurance company and part to you..

   Comment by LadyCatherine — July 8, 2010 @ 1:50 am

2. 

   Your bankrupt.

   It means u dont have to owe anyone anything.

   Thats what bankruptcy is.

   Anyone asking you for money is actually against the law.

   Comment by Mr Warrior — July 8, 2010 @ 1:50 am

3. 

   I was in a very similar circumstance last year. I was able to find assistance from a lawyer from here: http://www.lawyersearchsite.tk

   Comment by scarlett bones — July 8, 2010 @ 1:50 am

4. 

   Since this is a secured debt, the lien holder is entitled to any moneys due for the vehicle, less the amount you owe on the loan. Insurance companies are liable to pay them FIRST, up to the value of the loan balance.

   Once a repossession happens, bankruptcy laws don’t apply to secured debt. Bankruptcy filing can prevent a repo, but can’t undo one.

   And by your own admission here, you were attempting insurance and/or check fraud…because of the new body shop issue. Don’t turn this into a criminal matter.

   Comment by Common Sense in Exile — July 8, 2010 @ 1:50 am

5. 

   The purpose of the check was to pay for the repair of the car, not reward you for having an accident. The lien holder is entitled to the $. BTW, if you have a lawyer, ask him not Y/A.

   Comment by BlairLuvr — July 8, 2010 @ 1:50 am

6. 

   it is ritfully yours

   Comment by mark f — July 8, 2010 @ 1:50 am

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