Divorce agreement

[raqueldmoura33]

I divorced on February 2009 and in my divorce agreement my ex husband was the solely responsible for the full payment of my car. He still owed in this car $9533,00. He was paying it regularly. On monday August 9th 2010 i was in an accident my car was a total lost. I was at the red light waiting when a lady hitched in the back, she was the responsible for the accident.

Her insurance company called Toyotta Financial and they are still setting the payment in this car for the remained loan debit. The market price of this car, a Toyotta Corolla 2007 is $10.777,00 . Since my ex still owed $9533,00, the insurance covered this amount and the remained difference will be sent to me. Note that in the divorce agreement he was the solely responsible for the full payment in this car , and upon the total payment of the car;the title should be pass to me, this title was still in the both names.
Since the accident happened ,and the insurance from the lady will pay it to the Financial company and the remained will come to me , i will received less or more then $1000,00. Note I still won't have a car to go work , i will be unemployed by august 30th, i m still looking for a new job, but i do have school at night that will start on august 30th , that is paid by the military, i was in the navy , i m separating on august 30th . Like i said before i will be unemployed , and i need a car to go to my future work , and to go to school. My question is : Is My ex husband out of the hook for the responsibility to pay me back the money still owned in the car? Since the insurance from the lady that caused the accident is paying the car, does he still owe me that money that he did not pay totally to the financial company? Because right now i don't have money for a car/ Is the lady that caused the accident even though the insurance cover the market value for the car, is she still responsible for any inconvenience, property damage or anything else? How about the financial company, we paid a lot money before for this car , previously from the accident. Do I have the right only to the market value of that car today, or can I still claim any money previously paid in this car?
Does my ex still owe me the money that he did not paid before to the financial company?

Thanks
raquel

 

[raqueldmoura33]

Jurisdiction/Place: USA - Virginia

I divorced on February 2009 and in my divorce agreement my ex husband was the solely responsible for the full payment of my car. He still owed in this car $9533,00. He was paying it regularly. On monday August 9th 2010 i was in an accident my car was a total lost. I was at the red light waiting when a lady hitched in the back, she was the responsible for the accident.

Her insurance company called Toyotta Financial and they are still setting the payment in this car for the remained loan debit. The market price of this car, a Toyotta Corolla 2007 is $10.777,00 . Since my ex still owed $9533,00, the insurance covered this amount and the remained difference will be sent to me. Note that in the divorce agreement he was the solely responsible for the full payment in this car , and upon the total payment of the car;the title should be pass to me, this title was still in the both names.
Since the accident happened ,and the insurance from the lady will pay it to the Financial company and the remained will come to me , i will received less or more then $1000,00. Note I still won't have a car to go work , i will be unemployed by august 30th, i m still looking for a new job, but i do have school at night that will start on august 30th , that is paid by the military, i was in the navy , i m separating on august 30th . Like i said before i will be unemployed , and i need a car to go to my future work , and to go to school. My question is : Is My ex husband out of the hook for the responsibility to pay me back the money still owned in the car? Since the insurance from the lady that caused the accident is paying the car, does he still owe me that money that he did not pay totally to the financial company? Because right now i don't have money for a car/ Is the lady that caused the accident even though the insurance cover the market value for the car, is she still responsible for any inconvenience, property damage or anything else? How about the financial company, we paid a lot money before for this car , previously from the accident. Do I have the right only to the market value of that car today, or can I still claim any money previously paid in this car?
Does my ex still owe me the money that he did not paid before to the financial company?

Thanks
raquel

 

[bluemann33]

So are you asking if your ex husband owes you the $9,000 or so that was owed on the car...he was ordered to pay the monthly payments until the car was paid off. If the other insurance company is paying the $9,000 or so that was owed on the car and giving you the other thousand or so that exceded what was owed on the car, then your wondering if he still has to give you the 9grand?? If so the answer is no. If insurance covers the payoff for the total of vehicle then nothing is owed on it so he owes nothing. Why would he? His obligation is done.

 

[bluemann33]

Also since the insurance coverd what he owed on the car and his name is also on the title/insurance he may want half of the extra thousand dollars that was left over.

 

[army judge]

Jurisdiction/Place: USA - Virginia

I divorced on February 2009 and in my divorce agreement my ex husband was the solely responsible for the full payment of my car. He still owed in this car $9533,00. He was paying it regularly. On monday August 9th 2010 i was in an accident my car was a total lost. I was at the red light waiting when a lady hitched in the back, she was the responsible for the accident.

Her insurance company called Toyotta Financial and they are still setting the payment in this car for the remained loan debit. The market price of this car, a Toyotta Corolla 2007 is $10.777,00 . Since my ex still owed $9533,00, the insurance covered this amount and the remained difference will be sent to me. Note that in the divorce agreement he was the solely responsible for the full payment in this car , and upon the total payment of the car;the title should be pass to me, this title was still in the both names.
Since the accident happened ,and the insurance from the lady will pay it to the Financial company and the remained will come to me , i will received less or more then $1000,00. Note I still won't have a car to go work , i will be unemployed by august 30th, i m still looking for a new job, but i do have school at night that will start on august 30th , that is paid by the military, i was in the navy , i m separating on august 30th . Like i said before i will be unemployed , and i need a car to go to my future work , and to go to school. My question is : Is My ex husband out of the hook for the responsibility to pay me back the money still owned in the car? Since the insurance from the lady that caused the accident is paying the car, does he still owe me that money that he did not pay totally to the financial company? Because right now i don't have money for a car/ Is the lady that caused the accident even though the insurance cover the market value for the car, is she still responsible for any inconvenience, property damage or anything else? How about the financial company, we paid a lot money before for this car , previously from the accident. Do I have the right only to the market value of that car today, or can I still claim any money previously paid in this car?
Does my ex still owe me the money that he did not paid before to the financial company?

Thanks
raquel

Your husband potentially owes you nothing. As the debt will be paid off by the perps insurance carrier, your "ex" owes you nothing. All he was ordered to do was pay off the debt. That has now been done.

If you have any case, it would be against the perp for any medical injuries you've suffered. Your "ex" is off the hook.

 

[raqueldmoura33]

I do understand that , but i think is pretty unfair, since in the divorce agreement was written word by word that he was the responsible for the full amount due in the car. Right now i don't have a car one thousand remained doesnt pay another one , i won't have a job and i won;t have a car to drive to one if i find one, So pretty much i gotta nothing. So luck him that the accident happened , because the insurance from the lady that caused the accident paid the debit for him, so if in the contract says that he owes me the total amount the car, that means the law need to be review somehow..
Anyway i still going to take my case to a divorce lawyer here to make sure.
I still need to know if the lady that caused the accident still need to be sue for anything else beside personnal injury?
Thanks
raquel