Car down payment refund

[Wildika06]

Jurisdiction

Texas

I bought a car from a dealership and it got totaled a WEEK later. My insurance is paying off the car and I just discovered the lien holder which was a bank financing the remaining $16,000, has now changed to dealership. The the car is totaled at $22,000, and after my down payment of $3500, I owed $16,000. The car itself was sold to me at $17,000. The dealership us trying to claim the total amount ($22,000) from my insurance and is refusing to give me the difference and claiming they are not legally obliged to return even my down payment. Is that true, please any advice on an action plan ?

 

[adjusterjack]

please any advice on an action plan ?

Read your purchase and finance contract and find out what it says about insurance payments for damage.

Quote it here word for word if you need any further discussion.

 

[army judge]

I bought a car from a dealership and it got totaled a WEEK later. My insurance is paying off the car and I just discovered the lien holder which was a bank financing the remaining $16,000, has now changed to dealership. The the car is totaled at $22,000, and after my down payment of $3500, I owed $16,000. The car itself was sold to me at $17,000. The dealership us trying to claim the total amount ($22,000) from my insurance and is refusing to give me the difference and claiming they are not legally obliged to return even my down payment. Is that true, please any advice on an action plan ?

I suggest you speak to your insurance company for additional guidance on how best to proceed.

It couldn't hurt to talk to 2 or 3 lawyers in your county.

 

[txls]

Your insurance company should request documentation to support their claim of 22,000. The documentation should show that you financed $16,000. The difference, less interest should be paid directly to you from the insurance company. Talk to your insurance company. Send them your contract showing $16,000 financed.

 

[army judge]

Your insurance company should request documentation to support their claim of 22,000. The documentation should show that you financed $16,000. The difference, less interest should be paid directly to you from the insurance company. Talk to your insurance company. Send them your contract showing $16,000 financed.

I'm with "txls"!