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 Can heirs be liable for medical bills not paid by parents?
If my mother-in-law runs into serious financial hardship and she can't pay her copays/health insurance and she needs healthcare, will the hospital deny her healthcare, or will the heirs (me and ...


 Need Health insurance !
Does anyone know of any health insurance companies that will take me even though I have ADHD? It's okay if they mark me up or put a rider on it so none of the adhd expenses will be covered, I ...


 Who is liable? help me out please?
if someone gets hurt in a pool on rental property who is liable?


the renters bought an above ground ...


 How do i find out my landlord's homeowners insurance company.?
My landlord tried to fix the water heater less than a week before the house burnt down because of the faulty water heater.i will like to file a 3rd party claim against his homeowner's insurance ...


 Hospital Sent me to Collectons, can I still pay hospital instead?
I had a 1600 dollar bill to pay them and I called in November and agreed to pay them 63 dollars a month until it was payed off. Now a few months later I get a call from a collection agency saying I ...


 How long can you wait to report an accident to insurance?
the accident i was in was a week ago....we wernt going to go through insurance but the estimate is much higher then either of us thought so now we do want to use insurance....can we call a week later ...


 We are currently looking for health insurance with maternity coverage, any advice where to look....more info?
ones I have seen you have to have the plan for 12 months before the maternity will work. Is there any plans that have a shorter waiting period?
Additional Details
I live in Arkansas....


 Need advice on good medical insurance company?
Wanting to purchase medical insurance for a family member. Looking for a very good company who could provide major medical insurance with at least a $2,500.00 deductible. Just mainly looking for some ...


 Can your homeowners insurance policy be cancelled if you get a big dog?
I know someone who had a homeowners insurance policy that was cancelled because of a big dog that her friend gave her. Is that allowed?...


 Do you have to tell insurance companies if you have nad indorsments when they are spent?
...


 The best business insurance for a new restaurant?
...


 Been quoted £15 by Swintons to replace a lost car insurance certificate. Do they all charge this amount?
I've supported my local branch for years now even though they were more expensive. I always thought I could just 'drop in' when I needed them. But for this charge just to laser print 1 ...


 What is different between Guarantee & Warrantee?
...


 No health insurance, but considering it depends how coverage works for using a midwife?
Can a policy not have maternity coverage and still cover using a midwife for womans health and labor and delivery?...


 I witnessed a slip and fall..?
will the witness of a slip and fall be compensated? i feel as though i am going out of my way for the victims lawyers and they constantly call. but if she wins because of my account of the event will ...


 What health insurance is better, Aetna or Bluecross Blueshield?
I have BCBS and thinking about switching to Aetna. Just want to know what is the best choice. Thanks!...


 Do they have a school that specializes in commercial insurance??Where?
...


 Settling own claim any advise?
I was in a crash with my 4 kids from I was injuried to my head (bleading) nothing major some brusies my kids had no physical injuries but have had nightmares since. I want to settle my case myself ...


 Insurers who don't use credit scores?
This seems to be an ongoing problem for many of my readers at InsuranceGuide101.com. Does anyone know of insurance companies who are writing homeowners, auto or other insurance without using credit ...


 Which Insurances does WalMart Vision Center accept?
Does it accept Blue Cross?

Thank You....



ron m
I am needing some legal advice.?
back on december 30th 2006 my pickup was totaled in an accident. it was a 98 s-10 and was not paid for. my payments were being made to chase bank through a chapter 13 bankruptcy trustee. a few days later after i got the news from my insurance company that it was a total loss, i went to my lawyer and had a chapter 7 conversion done. the purpose of that was to have the garnishment of my wages stopped. about the middle of jan., my insurance co. sent me a letter telling me that i was to receive a check. after waiting almost 3 months, i have been told by my chapter 7 trustee that since my truck will have to be paid off first before i see any money, that it could be another 1 to 3 months before i get a check if any thing is left over. i am really counting on that money to help me get a vehicle and my patience is wearing thin. my question is this; do i have any legal recourse, and if so, against the insurance company,or the lienholder, which is chase bank.
                     
 




Faye H
This isn't an insurance matter. This is a bankruptcy matter. Whenever you file for bankruptcy, you are basically putting your finances into the hands of the trustee of the bankruptcy court.

You vehicle had a lien on it. Your insurance has no choice but to pay the value of the vehicle to you and the lienholder, in this case, Chase Bank. They get the money for the remainder of the loan because that is secured property. You exempted it from bankruptcy, which is why you were continuing to make payments on it, in order to keep your vehicle during the bankruptcy. However, when it was totaled, the bank gets paid. Any money that is left over from the payment is now in the hands of the trustee.

What the trustee does with that remaining money will be up to the courts. I don't know whether you'll get any money that is left over or not. Since you are in Chapter 13, meaning you are paying off at least some of your bills, they may use the money to pay your bills.

You need to talk to your attorney. No, I don't think you have any recourse against the insurance company. They did exactly what your policy required. They paid off the lienholder, Chase bank. You'll need to talk to your attorney to find out where the remaining money went but my guess is, it's in the hands of the trustee who may be using it to pay some of your other bills.


gatorgirl
You do need legal advice and here is really not the place to get it. Would you be interested in talking to an attorney?


larsgirl
sorry, but everyone here is right.. this is a legal thing, a bankruptcy thing.... but from an adjuster's standpoint.

I don't know how much was still owed on your truck.. but a total on a 98 Chevy S10, is not going to get either you OR your lienholder very much.


bundysmom
Rating
This is a matter of federal law you're asking about and your insurance company, as do you, have to follow the laws. Neither of you have any control of it.....your trustee is right so deal with it. You have recourse against no one.


hightechchic
The first two posters have covered most of what I was going to answer...

I will add that it is VERY rare for there to be "anything left over" from an insurance check to a lienholder on a vehicle that was determined to be a total loss. (If you had GAP insurance, that would take care of whatever else you owed on the car, but STILL, nothing left over to buy another vehicle with.) This is because vehicles depreciate; you're buying them based on their value at the time of purchase (and paying for them over time, based on that same value, even though the actual value depreciates over time and with other conditions as well.)

Don't hold your breath on getting the truck paid off unless you had GAP insurance (and as Faye pointed out, the remainder that will be owed afterward is something that you'll have to see an attorney about, because that will be a bankruptcy issue.)

In short, no, you don't have any recourse against anyone in this scenario.


mbrcatz
Rating
Well, the fact of the matter is, you don't OWN the truck; you and CHASE own the truck. So legally, of COURSE the owners get the money - which would be you AND CHASE. The whole point of having a "leinholder" on the policy is that the payment goes to THEM, not the policy holder.

So no, you have no recourse, as the truck isn't YOURS yet. You don't have the TITLE. And you WON'T get the title, unless the actual cash value is MORE than the payoff value on the loan. So after the loan is paid off, then you get anything left. If there is nothing LEFT, and you still owe money on the truck, until the chapter 7 goes through your wages will CONTINUE to be garnished to make the payments until Chase is paid off.


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