Car Accident After Discharge, Car Loan not re-affirmed

[deepend]

My car loan was discharged in my C7 BK, and I did not reaffirm but am current on my car payments. The car payments are very high, and I have 3 1/2 years left to pay so I have been seriously considering letting the car go and getting a less expensive, more practical and affordable car.

A couple of days ago, my daughter was driving my car and got into an accident that caused body damage. I haven't had it assessed yet, but I'm guessing it's probably $1500 - 2000 to repair. I have insurance with a high deductible and would not be able to repair it until I have a chance to save for the expense.

If I surrendered the car without repairing it would the lender sue me for damages? Should I just go ahead and save for the dedcutible and get the repairs done before surrendering it?

[NoMoreCards]

Should I just go ahead and save for the dedcutible and get the repairs done before surrendering it?

You planned to hang onto the car and drive it knowing that the car had a higher insurance deductible. IMHO, you should have it fixed because you knowingly took on this risk when the car was driven at any time.

I don't know the legalities, but morally...you should fix it.

Perhaps call your BK attorney, and or your insurance company. I suspect the car financing company will get it fixed through your insurance anyhow as they know who covers the insurance on it.

I wish you the best.

[justbroke]

I concur with NMC that the lender will probably have it fixed through your insurance provider, since your lender is "the" loss payee.

[deepend]

I contacted my attorney and am waiting for a callback. The insurance provider's agent told me there's no obligation to fix the damage, it's a voluntary repair but I did not go into the whole bankruptcy context for fear my rates will increase immediate (my daughter is on my insurance).

Respectfully, "morally" is a slippery slope here. I have been & will probably always struggle with the morality of my decision to file bankruptcy rather than paying back my debt even though I really do know it's a business decision and meant to be a second chance to get it right and avoid the mistakes I made to get me here.

The question about what might happen and whether to repair it, not repair it or hold on to the car and keep current until I can afford to pay the deductible down the line and probably surrender it after that is based on the need to come up with funds for surgery I had unexpectedly a couple of weeks ago. And of course I'm just beginning the foreclosure process on the house. There's never a good time to have an accident, that's for sure!!!!

I appreciate the responses.