bank filing claim on vehicle we surrendered?

[TraceyS]

As part of our BK we surrendered the vehicle we had a loan on. We returned it to the bank on 5/28. Last Friday, my husband received a call at work from our insurance company, questioning him about various damage on the vehicle. (Bumper has a dent, supposed damage to the underside of the vehicle, etc.)

Today I received a letter in the mail from the ins. company, saying, "We regret that we have been unsuccessful in our efforts to contact you with regard to your claim. To help us assist you in this matter, please call me at _______"

There is a claim number, and the date of loss on the letter is 5/28 (the day we surrendered!). I've left a message with our attorney, but wanted to know if any of you have had things like this happen, and what, if any, responsibility we have as far as paying this claim.

I was pretty sure that all of this should be covered under the BK, and it seems pretty shady for the bank to be trying to get our insurance to cover this...

[keepinitreal]

Same thing happened to us. I surrendered my car voluntarily and the bank contacted my insurance company with a claim for body work supposedly needed. The bank wanted a check from my insurance company.

I explained to the insurance company that the car was in that same condition when I bought it with the bank loan, so my insurance company did not end up paying the bank.

[bluejeans]

The day that I voluntarilary repoed my car I called my insurance company and told them the exact time that car left my possession to avoid anything like this happening. They assured me that all calls were time stamped and that they would not cover anything after my call.

I cannot believe how shady some companies are with trying to pull this kind of crap. Jerks.

[TraceyS]

We did cancel the insurance on that vehicle the next day, so perhaps that will stand with the insurance company? I was not able to speak to my lawyer today (he's supposed to call tomorrow), but the paralegal said that she has not had this happen before.

[Exployer1234]

I had this happen. The funny thing in my case was I had cancelled the insurance 3 weeks prior to them picking the car up. When I got the call from my insurance company requesting more information on my claim I had them do research on the claim. The claim was never paid, but beware it may not be removed from your insurance. Mine is still on there a year and a half later even though it was not me and I never filed the claim.

[debtsucks]

Wow I never heard of this happening. Which bank is this if I may ask? Shouldn't you be protected under the bankruptcy from the bank coming after you?

[TraceyS]

Wow I never heard of this happening. Which bank is this if I may ask? Shouldn't you be protected under the bankruptcy from the bank coming after you?

It is a small, local credit union with only a few branches. I assume that the BK protects us from this, but I guess I will find out for sure when I hear from our lawyer.

Our 341 is 7/9 and I hope this is all cleared up before then!

[debtsucks]

I'm sorry that you have to deal with this. As if the whole BK thing isn't stressful enough. I am curious to hear what your lawyer says.

[SMinGA]

Sounds like the lender is trying to claim that there was damage to the vehicle while you owned it, and that damage should have been reported & repaired thru your insurance company. Most of us, I imagine, do not worry about fixing every little ding and dent as they happen. The lender may have a valid point - but then it would be impossible to prove when each ding & dent happened or how...