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[Stolen Car] and No Insurance

HamurabiHamurabi MiamiRegistered User regular
edited April 2012 in Help / Advice Forum
So yeah, long story short: for a series of reasons that I thought were perfectly logical before yesterday, I didn't have insurance on the 2010 Corolla I was still making payments on (I know, I know...). Yesterday it was nabbed from my university parking lot. Filed a stolen vehicle report, waiting 2-3 days before I can go pick up the full police report. Haven't had a chance yet to go to the dealership and explain the situation. I presume I'm completely fucked and am still liable for paying the remaining balance on the car, and that there might be some penalty for violating the financing contract and driving without full-coverage insurance.

Is there anything missing in this assessment of the present level of fucked I am?

Hamurabi on
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Posts

  • DarkewolfeDarkewolfe Registered User regular
    Try contacting the bank that holds the loan, as they may have a policy for this situation. Maybe. But that's pretty much it. You're completely fucked and are going to want to start burning incense to a voodoo god of your choice that it's recovered.

    What is this I don't even.
  • bowenbowen How you doin'? Registered User regular
    Yeah you're completely fucked.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • SentrySentry Registered User regular
    Not to kick you while you're down, but not having insurance on a car you're still making payments for is absolutely mind-bogglingly insane.
    That being said, I hope they find your car.

    [SIGPIC][/SIGPIC]
    wrote:
    When I was a little kid, I always pretended I was the hero,' Skip said.
    'Fuck yeah, me too. What little kid ever pretended to be part of the lynch-mob?'
  • HamurabiHamurabi MiamiRegistered User regular
    Hamurabi wrote:
    (I know, I know...)

  • bowenbowen How you doin'? Registered User regular
    Here's what I can suggest for you though @Hamurabi :

    You may be able to tug some strings with the bank (and I think some states require it) that if your car is stolen or totaled that you want to stop paying on your loan. Mostly because you no longer are in possession of the collateral. You could check into it with them. Let them know your car was stolen and ask what your options are. Best case, your loan goes away. Worst case, you're on the hook.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • DarkewolfeDarkewolfe Registered User regular
    bowen wrote: »
    Here's what I can suggest for you though @Hamurabi :

    You may be able to tug some strings with the bank (and I think some states require it) that if your car is stolen or totaled that you want to stop paying on your loan. Mostly because you no longer are in possession of the collateral. You could check into it with them. Let them know your car was stolen and ask what your options are. Best case, your loan goes away. Worst case, you're on the hook.

    Doesn't work that way. I think SOME banks will essentially have a system for this where you get another car, and then basically combine the old payments you still owe plus the new ones, with a slightly, slightly more lenient payment than you should have. Alternatively, you file for bankruptcy.

    What is this I don't even.
  • bowenbowen How you doin'? Registered User regular
    Depends on if the state requires GAP insurance to be taken out by the lender I thought?

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • SentrySentry Registered User regular
    edited April 2012
    Gap insurance is paid by the car owner, they can get it through the dealer, but if he had no insurance then he almost definitively didn't have GAP insurance. Also I can't imagine a state that would allow no insurance but mandate GAP insurance. But I could be wrong of course.

    Sentry on
    [SIGPIC][/SIGPIC]
    wrote:
    When I was a little kid, I always pretended I was the hero,' Skip said.
    'Fuck yeah, me too. What little kid ever pretended to be part of the lynch-mob?'
  • DarkewolfeDarkewolfe Registered User regular
    edited April 2012
    Sentry wrote: »
    Gap insurance is paid by the car owner, they can get it through the dealer, but if he had no insurance then he almost definitively didn't have GAP insurance. Also I can't imagine a state that would allow no insurance but mandate GAP insurance. But I could be wrong of course.

    Wikipedia research indicates that some states, including New York, require that every lender include GAP insurance as part of the lease payment. So if OP just happens to be lucky enough to be in one of those states, he may have GAP insurance without knowing it.

    Darkewolfe on
    What is this I don't even.
  • bowenbowen How you doin'? Registered User regular
    Yeah I live in NY and my lender has to include GAP insurance in my loan, which is why I suggested this.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • SentrySentry Registered User regular
    Darkewolfe wrote: »
    Sentry wrote: »
    Gap insurance is paid by the car owner, they can get it through the dealer, but if he had no insurance then he almost definitively didn't have GAP insurance. Also I can't imagine a state that would allow no insurance but mandate GAP insurance. But I could be wrong of course.

    Wikipedia research indicates that some states, including New York, require that every lender include GAP insurance as part of the lease payment. So if OP just happens to be lucky enough to be in one of those states, he may have GAP insurance without knowing it.

    Can you link? I knew some states had to offer it, but I didn't know some states outright made dealers include it. Also is it only for leased vehicles? I can't imagine the OP would be able to lease a vehicle without insurance.

    [SIGPIC][/SIGPIC]
    wrote:
    When I was a little kid, I always pretended I was the hero,' Skip said.
    'Fuck yeah, me too. What little kid ever pretended to be part of the lynch-mob?'
  • DruhimDruhim Registered User, ClubPA regular
    Wait, how is the car you took the loan out to buy considered collateral on the loan?

    belruelotterav-1.jpg
  • DruhimDruhim Registered User, ClubPA regular
    Ok, never mind. I'm being silly. That does count as collateral.

    belruelotterav-1.jpg
  • HamurabiHamurabi MiamiRegistered User regular
    Thanks for the suggestions, guys. I guess I'll find out whether or not I got lucky with this gap coverage thing when I go to the dealership this afternoon.

  • HamurabiHamurabi MiamiRegistered User regular
    Dealership says it's just between me and the bank that financed my loan. Called the bank, and they pretty much confirm that I'm fucked: if it's recovered, I'm responsible for any damage/repairs; if it's never recovered, I'm stuck paying the remaining balance (which is ~$10,000).

    Life lesson: learnt. -_-

  • ThanatosThanatos Registered User regular
    Double-check the terms of your financing from the bank (look at your loan papers; fucking read them). Look through all the paperwork you got from the dealer. See if they're wrong (slim chance, but worth a shot for ten grand).

    Not to harp, but out of curiosity: what were you thinking? Like, why did you think you didn't need insurance?

  • PelPel Registered User regular
    I can understand the thought process that leads you, under some circumstances, to not have insurance. Perhaps the car was not being driven and you had no money? If it was an old jalopy I would understand even more. Sure, nearly always illegal and very often irresponsible, but understandable. I DON'T understand driving around (or even leaving sit) a nearly brand new car without insurance. The insurance premium must be tiny compared to your monthly payment... You have certainly made, probably at several points, grievous errors in judgement. Next time, buy a less extravagant car, or go all the way and shell out for the insurance. I have a feeling your probably already realize this, so really I point it out out of curiosity. I am very curious as to the circumstances leading up to this event!

    BUT as of now, it is what it is and you have my condolences. And, in a way, you are in a position of power over the bank. You owe them a great deal of money and have virtually no incentive whatsoever to pay them back, at all. They will probably do what they can to accommodate you, if it means you continuing to make payments. If they send it to collections, they will get pennies on the dollar. Likewise, if they send it to collections, you can probably negotiate a better rate. Really, I wouldn't counsel a planned default or bankruptcy though, although you can THREATEN to default or file bankruptcy. 10k is a lot of money, but the hit your credit would take is worth far more over the 7 years it would take for it to drop off. Also, many car loans have a very very low teaser interest rate. Hopefully yours is among them.

  • MushroomStickMushroomStick Registered User regular
    Like Thanatos typed, don't just take their word over 10 grand.

  • DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    Pel wrote: »

    BUT as of now, it is what it is and you have my condolences. And, in a way, you are in a position of power over the bank. You owe them a great deal of money and have virtually no incentive whatsoever to pay them back, at all. They will probably do what they can to accommodate you, if it means you continuing to make payments. If they send it to collections, they will get pennies on the dollar. Likewise, if they send it to collections, you can probably negotiate a better rate. Really, I wouldn't counsel a planned default or bankruptcy though, although you can THREATEN to default or file bankruptcy. 10k is a lot of money, but the hit your credit would take is worth far more over the 7 years it would take for it to drop off. Also, many car loans have a very very low teaser interest rate. Hopefully yours is among them.

    I'm sorry but this is fucking awful advice. 10k isn't shit to the bank in the grand scheme of things, but it sure is enough to get them to get a judgement against the OP should he default. Banks don't fuck around with collections as often as they just send a lawyer to take 20 different guys to court in an afternoon.

    In addition to garnishing his wages, his credit'll be completely fucked for until about 2020.

    Sorry Ham, it's a crap situation, but don't for a second think you have an ounce of "leverage" here

  • HamurabiHamurabi MiamiRegistered User regular
    edited April 2012
    Thanatos wrote: »
    Not to harp, but out of curiosity: what were you thinking? Like, why did you think you didn't need insurance?

    Basically, I was paying $350/mo (the actual payments on the car are $310/mo, btw) for something that I wasn't necessarily ever going to use. I'm a obsessively safe driver, and while there's always the chance someone will hit me (or that my car will get stolen), it seemed statistically unlikely enough that I thought just giving someone $2,100 over six months (for basically nothing) wasn't worth it.

    Obviously now I know all the rationalization in the world doesn't help me in a worst-case scenario.

    Someone in the D&D chat thread asked why the premiums were so high, and it was basically because my dad has an awful driving record, and was my co-signor on the loan, so he has to be on the insurance.

    Aside form the abysmally high rates I was getting (from basically all the major insurers), I also cut my work schedule to just weekends to cope with the inordinately high workload I had in school this semester. Basically from January to April, I made ~$500/mo, which was enough to cover my car payments and pretty much nothing else.

    Hamurabi on
  • HeirHeir Ausitn, TXRegistered User regular
    You were paying $350/mo for insurance? o_O

    camo_sig2.png
  • jkylefultonjkylefulton Squid...or Kid? NNID - majpellRegistered User regular
    Hamurabi wrote: »
    Thanatos wrote: »
    Not to harp, but out of curiosity: what were you thinking? Like, why did you think you didn't need insurance?

    Basically, I was paying $350/mo (the actual payments on the car are $310/mo, btw) for something that I wasn't necessarily ever going to use. I'm a obsessively safe driver, and while there's always the chance someone will hit me (or that my car will get stolen), it seemed statistically unlikely enough that I thought just giving someone $2,100 over six months (for basically nothing) wasn't worth it.

    Obviously now I know all the rationalization in the world doesn't help me in a worst-case scenario.

    Someone in the D&D chat thread asked why the premiums were so high, and it was basically because my dad has an awful driving record, and was my co-signor on the loan, so he has to be on the insurance.

    Aside form the abysmally high rates I was getting (from basically all the major insurers), I also cut my work schedule to just weekends to cope with the inordinately high workload I had in school this semester. Basically from January to April, I made ~$500/mo, which was enough to cover my car payments and pretty much nothing else.

    Someone who drives 5 miles a day will most likely pass 40-50 other drivers per day. Guess what? Every one of those other drivers think that they'll never use their insurance either, because they're all gumdrop princesses on lollypop lane, and they're all the best drivers in the whole world, and nothing bad ever happens to good people, right?

    Tuck this one away for the future - before you go buy a new car, PRICE OUT THE INSURANCE. If all the major insurance companies are quoting you a rate of $350.00 / month, that's an indicator that you really shouldn't buy that car.

    tOkYVT2.jpg
  • Al_watAl_wat Registered User regular
    Isn't it illegal to drive a car without insurance?

  • HeirHeir Ausitn, TXRegistered User regular
    Al_wat wrote: »
    Isn't it illegal to drive a car without insurance?

    In some states, yes.

    camo_sig2.png
  • ShadowfireShadowfire Vermont, in the middle of nowhereRegistered User regular
    Heir wrote: »
    You were paying $350/mo for insurance? o_O

    No shit. The highest I ever paid was $150 through Liberty Mutual, though they wanted to bump that to around $300 a month when I added my wife on and a second car. That was when we switched and have been paying less than $100 a month for the two of us.

    Of course this partially depends on where you are driving and your record (though that sounds clean). Did you shop around for insurance at all?

    WiiU: Windrunner ; Guild Wars 2: Shadowfire.3940 ; PSN: Bradcopter
  • PelPel Registered User regular
    edited April 2012
    Deebaser wrote: »
    I'm sorry but this is fucking awful advice. 10k isn't shit to the bank in the grand scheme of things, but it sure is enough to get them to get a judgement against the OP should he default. Banks don't fuck around with collections as often as they just send a lawyer to take 20 different guys to court in an afternoon.

    In addition to garnishing his wages, his credit'll be completely fucked for until about 2020.

    Sorry Ham, it's a crap situation, but don't for a second think you have an ounce of "leverage" here

    Err, I'm sorry If I wasn't clear. I said I would NOT advise a default or bankruptcy. The leverage he has is only in negotiating a potentially better position without actually defaulting or declaring bankruptcy, and it isn't much, but it does exist (although not so much if you consider his cosignor). (warning: IANAL) Any judgement levied against you will be for approximately $crap unless you're earning like 3x minimum wage, fulltime, and from the sound of things that isn't remotely the case. The bank knows this and would very much like you to keep making payments. Explaining your situation and the fact that bankruptcy is essentially your only option might get you some traction. Probably not, but, depending on who owns your loan and their specific policies, it could.

    More importantly, though, now that we know that your dad is a consignor, it becomes paramount that you involve him in this process, because he is DIRECTLY on the hook for the entire amount at this point, and he, if he had the credit to pull this off where you didn't, is apparently at a point in his life where this thing could harm him much more than you. His involvement probably also means that the bank won't even talk to you because they have 2 wages to garnish in the event of a default, and, although from what I understand, bankruptcy law is far from simple, you declaring bankruptcy will probably just leave him holding the ball. Seriously, you had better tell him about this immediately if you haven't already. That will be a fun conversation.

    Pel on
  • SiskaSiska Shorty Registered User regular
    Never think that you don't need insurance while driving because you are such a safe driver. The best reflexes and breaks can't keep up with leaping animals and other surprises when driving at a normal speed. Plus I doubt anyone can drive around at red alert 100% of the time and never get distracted by anything even for a second.

  • godmodegodmode Southeast JapanRegistered User regular
    Not to mention there's always the possibility that your car gets stolen.

  • DarkewolfeDarkewolfe Registered User regular
    edited April 2012
    Alright, OP. Like you said, lesson learned. I hope, though, that one of the lessons you learned was that you very heavily overborrowed. Take this situation into your next big purchase too, like if you ever buy a house. Now you know that when your work situation is unstable and you don't have steady income, you need to carefully price out all potential expenses and then lowball yourself on what you can actually potentially pay. If you'd gotten an '05 with 100,000 miles on it that was still in decent shape, you'd have cheaper insurance, a cheaper loan and less to pay.

    (Also, now you understand the problem with free riders in an insurance system like health, where you WOULD have your expenses paid for in an emergency.)

    Darkewolfe on
    What is this I don't even.
  • HamurabiHamurabi MiamiRegistered User regular
    As it happens, I don't have health insurance either. >_>

    They were charging me $120/mo. That made sense when I worked 5 days a week and every paycheck was ~$500-600; not so much when every bi-weekly check is ~$250 before the health insurance premium.

  • HamurabiHamurabi MiamiRegistered User regular
    Shadowfire wrote: »
    Did you shop around for insurance at all?

    I did. The range was basically $300-350, but my dad really liked Mercury for whatever reason. He made the initial lump-sum payment, so I didn't argue.

  • MushroomStickMushroomStick Registered User regular
    So if you were able to not get insurance, why couldn't you just not put your dad on the insurance?

  • HamurabiHamurabi MiamiRegistered User regular
    So if you were able to not get insurance, why couldn't you just not put your dad on the insurance?

    iirc, he was the one who actually bought the car, and I was the co-signor (because he had better credit than me). Because both our names are on the title of the car, we both have to be on any insurance plan for the car, according to all the insurance people I went to.

  • MushroomStickMushroomStick Registered User regular
    Hamurabi wrote: »
    So if you were able to not get insurance, why couldn't you just not put your dad on the insurance?

    iirc, he was the one who actually bought the car, and I was the co-signor (because he had better credit than me). Because both our names are on the title of the car, we both have to be on any insurance plan for the car, according to all the insurance people I went to.

    Then go online and get quotes instead. If you were able to get away with no insurance until now, surely just insuring yourself would've been preferable to that.

  • useless4useless4 Registered User regular
    Wait, does your dad have an auto policy at all ? It *may* come into play if he does.

  • HamurabiHamurabi MiamiRegistered User regular
    edited April 2012
    Hamurabi wrote: »
    So if you were able to not get insurance, why couldn't you just not put your dad on the insurance?

    iirc, he was the one who actually bought the car, and I was the co-signor (because he had better credit than me). Because both our names are on the title of the car, we both have to be on any insurance plan for the car, according to all the insurance people I went to.

    Then go online and get quotes instead. If you were able to get away with no insurance until now, surely just insuring yourself would've been preferable to that.

    For clarification, the one policy I had (the Mercury one) was obtained online, through some insurance comparison website.

    The people I went to (and the guy I spoke to over the phone to complete the process when I bought online) all said my dad had to be on the policy because his name was attached to the car.
    useless4 wrote: »
    Wait, does your dad have an auto policy at all ? It *may* come into play if he does.

    My dad is unemployed atm, and doesn't have insurance on his own car either, though I think he's in the process of getting it after what happened with me.

    Hamurabi on
  • saltinesssaltiness Registered User regular
    Man, I hope this can be a lesson for everybody about car buying. The total price of your car should be no more than 1/4 to 1/3 of your annual income. I can't help but facepalm every time I see some kid who just got his first $40k/yr job going out and buying a $30,000 Mustang or something stupid like that. There are always plenty of $3k cars out there.

    XBL: heavenkils
  • tinwhiskerstinwhiskers Registered User regular
    I always thought that insurance was required if you don't own the vehicle. Since the banks don't want to have people walking away from totaled/stolen cars.

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  • HamurabiHamurabi MiamiRegistered User regular
    Presumably, my contract did require me to maintain insurance.

    I just, erm, didn't.

  • FiggyFiggy Fighter of the night man Champion of the sunRegistered User regular
    I always thought that insurance was required if you don't own the vehicle. Since the banks don't want to have people walking away from totaled/stolen cars.

    They absolutely do, but if you let it lapse after the fact, they won't know until it's too late.

    XBL : Figment3 · SteamID : Figment
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