Central District Consumer Bankruptcy Attorney's Association

I don't think the potential client can avoid the insurance premium
surcharge consequences if it was her fault. The lender's finance
agreement likely has a clause securing the rights to any insurance
proceeds on the vehicle and it would also have required it be named as
an additional insured on the policy. The lender is going make the
claim on the policy if the insured does not make the claim and
surrenders the car. I assume the potential client was at fault
becuase otherwise the deductible would not apply if the other driver
had insurance and it was the other driver's fault.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
On Tue 2/02/10 4:58 PM , attorneychristine@gmail.com sent:
Actually, it is better if the insurer does not pay on the loss
because then it won't be chargeable, in terms of premium surcharge to
the debtor, if the debtor was held at fault.
Sent from my Verizon Wireless BlackBerry
FROM: "Donny Brand" DATE: Tue, 2 Feb 2010 16:44:14 -0800 TO:
SUBJECT: [cdcbaa] Debtor Crashed Car She Wishes to Surrender Right
Before Filing
Client gets into a car accident on a vehicle that she wants to
surrender before filing chapter 7. She files claim with her insurance
carrier. She wants to know if she should turn the car into the body
shop and pay the $500 deductible to get the car repaired before she
surrenders it.
My first instinct is no why get the car fixed when she is going
to surrender it?
However, I just wanted to double check and make sure there wont
be any problems with her insurance company as a result. Any input?
Thank you,
Donny Brand
Brand & Spellman PC
3836 E. Anaheim St.
Long Beach, CA 90804
562-438-7500
888-99-BKRPT (888-992-5778)
www.brandspellman.com [1]
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[3] mailto:?subjectRe: [cdcbaa] Debtor Crashed Car She Wishes to
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[4] mailto:cdcbaa@yahoogroups.com?subjectRe: [cdcbaa] Debtor Crashed
Car She Wishes to Surrender Right Before Filing
[5]

The post was migrated from Yahoo.

She should not spend a dime. Tell the lender now in writing that she
surrenders the vehicle to the lender. Provide all the insurance info
in the letter and let the lender deal with the insurance company and
pay the deductible.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
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On Tue 2/02/10 4:44 PM , "Donny Brand" dbrand@brandspellman.com
sent:
Client gets into a car accident on a vehicle that she wants to
surrender before filing chapter 7. She files claim with her insurance
carrier. She wants to know if she should turn the car into the body
shop and pay the $500 deductible to get the car repaired before she
surrenders it.
My first instinct is no why get the car fixed when she is going
to surrender it?
However, I just wanted to double check and make sure there wont
be any problems with her insurance company as a result. Any input?
Thank you,
Donny Brand
Brand & Spellman PC
3836 E. Anaheim St.
Long Beach, CA 90804
562-438-7500
888-99-BKRPT (888-992-5778)
www.brandspellman.com [1]
--------------------
This message originates from the law firm of Brand & Spellman PC and
may contain legally privileged and confidential information intended
solely for the use of the addressee. If you are not the intended
recipient and have received this message in error, please notify us at
info@brandspellman.com [2] and delete this email from your system. Any
unauthorized reading, distribution, copying, or other use of this
email or its attachments is strictly prohibited.
Links:
[1] http://www.brandspellman.com/
[2] mailto:info@brandspellman.com
[3] mailto:dbrand@brandspellman.com?subjectDebtor Crashed Car She
Wishes to Surrender Right Before Filing
[4] mailto:cdcbaa@yahoogroups.com?subjectDebtor Crashed Car She
Wishes to Surrender Right Before Filing
[5]

The post was migrated from Yahoo.

Client gets into a car accident on a vehicle that she wants to surrender
before filing chapter 7. She files claim with her insurance carrier. She
wants to know if she should turn the car into the body shop and pay the $500
deductible to get the car repaired before she surrenders it.
My first instinct is no - why get the car fixed when she is going to
surrender it?
However, I just wanted to double check and make sure there won't be any
problems with her insurance company as a result. Any input?
Thank you,
Donny Brand
Brand & Spellman PC
3836 E. Anaheim St.
Long Beach, CA 90804
562-438-7500
888-99-BKRPT (888-992-5778)
www.brandspellman.com
This message originates from the law firm of Brand & Spellman PC and may
contain legally privileged and confidential information intended solely for
the use of the addressee. If you are not the intended recipient and have
received this message in error, please notify us at
info@brandspellman.com and delete this email
from your system. Any unauthorized reading, distribution, copying, or other
use of this email or its attachments is strictly prohibited.
Client gets into a car accident on a vehicle that she wants
to surrender before filing chapter 7. She files claim with her insurance
carrier. She wants to know if she should turn the car into the body shop and pay
the $500 deductible to get the car repaired before she surrenders it.

My first instinct is no – why get the car fixed when
she is going to surrender it?

However, I just wanted to double check and make sure there
won’t be any problems with her insurance company as a result. Any input?


Thank you,


Donny Brand
Brand
& Spellman PC
3836
E. Anaheim St.
Long
Beach, CA 90804
562-438-7500
888-99-BKRPT
(888-992-5778)
www.brandspellman.com

--------------------
This
message originates from the law firm of Brand & Spellman PC and may contain
legally privileged and confidential information intended solely for the use of
the addressee. If you are not the intended recipient and have received this
message in error, please notify us at info@brandspellman.com and delete this email from
your system. Any unauthorized reading, distribution, copying, or other use of
this email or its attachments is strictly prohibited.


The post was migrated from Yahoo.