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Can my insurance co. bypass me and go through my loan co. for total loss claim?

by Vern
(Elkhorn, WI. USA)

I have not accepted the low offer from my insurance co. for total loss claim. I have sent two e-mails about the low offer.

One was that I can not find a car like mine (the one that was totaled) for the price that they are offering me.

The second e-mail was of the same kind of cars like my for 4-5 thousand more than what they are offering me. The only different being that my car had 30000 more miles than most of the others. Yes I do expect to get less than the other cars but not 4-5 thousand less.

Now because I have not sent in my title and keys the claims adjuster said that she will just go through the loan co. My payments are up to date.

I should receive a good amount back after they pay off my loan. Can the claims adjuster bypass me? I long do I have to gather up more information so that I can try to get more cash out of them? I just purchased the ebook last night and reading up on it.

Thank you, Vern Z


Hello Vern,

Well, it depends on how you surrender the keys and title. If you surrender those as a "settlement" for that amount (if there was paperwork and what the paperwork says).

If you have not settled, they could bypass you and pay the loan (they have something called financial responsibility clause. They have a duty to the bank and they could pay the loan and give you the excess (if any).

You can still make a claim for more money, but you will want to talk to an attorney about the property damage claim.

See also our information on car total losses here.

Good Luck,
Auto Insurance Claim Advice
Spokane Lawyer
Spokane Washington

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