Q: an accident that wasn't my fault my car was a total loss who gets position of the vehicle me or the insurance company.

I was involved in a car accident the car was a total loss and I was wondering if I got position in the car or does the insurance company get possession of the car also does the insurance company have the right to pay the finance company while at the time of the accident the car was not registered to me.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Products Liability Lawyer
  • Little Neck, NY

A: An Arizona attorney could advise best, but your question remains open for two weeks, and you may be in a position where you need to remove the vehicle from storage. This appears to be something you might need to coordinate with the finance company if they hold a lien and possessory interest in the vehicle. In total loss declarations, the carrier sometimes presents two figures, based on whether the owner wants to keep the vehicle or surrender it, the figures differing by the salvage value. But these are only general practices - for specific guidance under Arizona insurance law, it would be best to consult with an Arizona attorney. Good luck

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