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So you've leased a car and it's been totaled in an accident. This can be a stressful and overwhelming experience, but it's essential to know your rights and responsibilities.
You're not alone in this situation - many lease car owners face this challenge every year. According to the article, over 1 million leased vehicles are involved in accidents annually.
Your lease agreement likely outlines the process for handling a total loss. Review your contract to understand what's expected of you and the lessor. The article notes that most lease agreements require the lessee to report the accident to the lessor within a specific timeframe, typically 24-48 hours.
In most cases, the lessor will determine whether the vehicle is a total loss based on its actual cash value (ACV) at the time of the accident. The article explains that the lessor will use a formula to calculate the ACV, taking into account factors such as the vehicle's age, mileage, and condition.
What Happens When a Car is Totaled
If a leased car is totaled, the insurance company will typically send a check to your leasing company for the car's actual cash value (ACV) at the time of the accident.
This payout might not always cover the remaining amount owed on the lease, which can leave you with a financial obligation to pay the difference. You could be obligated to pay the difference if the insurance company's payout doesn't cover the balance of your lease.
A leased car can be totaled in various scenarios, including severe accidents, natural disasters, extensive vandalism, and theft. Each scenario results in the insurance company declaring the car a total loss.
If you have gap insurance, you might be able to file a claim to bridge the gap between the car's value and your lease balance. However, if you don't have gap insurance, you could pursue payment for the remainder of the lease through your personal injury lawsuit.
Here are the possible outcomes when a leased car is totaled:
Insurance and Reimbursement
You'll need to notify your insurance company right away after a lease car total loss, ideally within 24 hours. Provide basic information about the accident, such as the date, time, and location, as well as the name and contact information for the other driver involved and the police report number.
Don't give a recorded statement or lengthy explanation just yet, though - wait until you've spoken with a lawyer. This is because you might not be thinking clearly after the accident, and you'll want to make sure you're protected.
Comprehensive insurance will cover damages to your leased vehicle that weren't caused by another vehicle or object, such as theft, natural causes, or fires. Collision insurance, on the other hand, will cover damages caused by another vehicle or object.
Do I Need Insurance?
You should always have car insurance, especially if you're leasing a vehicle. Most auto insurance companies require drivers who are leasing a vehicle to have comprehensive insurance and collision insurance.
Comprehensive insurance can help cover damages to your leased car that weren't caused by another vehicle or object. This type of insurance covers damages from theft, natural causes, or fires.
You'll need to ask your insurer about the different types of insurance and additional coverage when leasing a vehicle.
Insurance Coverage and Reimbursement
If your leased car is totaled, your auto insurance steps up and assesses the car's value before the accident, which becomes the reimbursement amount paid to the leasing company.
Most auto insurance companies require drivers who are leasing a vehicle to have comprehensive insurance and collision insurance.
Comprehensive insurance can assist with covering damages to a leased vehicle that were not caused by another vehicle or object, such as theft, natural causes, or fires.
You're responsible for paying the difference between the car's value and your insurance payout if the insurance payout falls short of what you owe on the lease.
Gap coverage can help bridge this gap by paying the difference between the car's value and your insurance payout, minimizing your financial burden.
Without gap insurance, you could be financially responsible for paying the remaining balance on your lease, even though the car is totaled.
If the totaled vehicle is valued at $28,000 but you still owe $32,000 under the lease, you would need to come up with $4,000 out of your own pocket without gap coverage.
Gap coverage can cover the difference between what your insurance company pays for the car's value and what you still owe on your lease.
Reporting Requirements
You should always report an accident and file a claim with your insurance company, even if you can repair the damages from the collision.
If your leased car is totaled, you'll owe the leasing company for the value of the vehicle. Some drivers may have gap insurance, which will help cover the difference.
Report the accident within 24 hours to your insurance company and provide basic information such as the accident location and the identities of all parties involved.
You must also inform the leasing company since they are the legal owners of the vehicle. Your insurance company is not responsible for contacting the lessor on your behalf.
Immediately after an accident, call your insurance company and provide basic information about the wreck, such as the date, time, and location. Share other information such as the name and contact information for the other driver involved and the police report number.
Don't give a recorded statement or any lengthy statement about what happened to the insurer until you've spoken with a lawyer. Provide basic information and then tell them you'll talk to them later if they need a statement.
The dealer or leasing company still owns the car, so they need to know about the crash. Call them as soon as you finish talking to the insurance company.
Lease Car Total Loss Process
If your leased car is totaled in an accident, the insurance company will likely send a check to your leasing company for the fair market value of the car.
The lease contract remains in effect, and you'll be obligated to pay the difference if the insurance payment doesn't cover the balance of your lease.
You can also pursue payment for the remainder of the lease through your personal injury lawsuit, but this should be done with the help of a Maryland car accident attorney.
Here are the steps to take after totaling a leased car:
- Contact Authorities & Insurers: Call 911 if needed, then report the accident to your leasing company and insurer promptly.
- Gather Information: Swap info with the other driver and witnesses. Take pictures of the damage and scene.
- Review Lease Agreement: Understand your financial obligations and early termination fees.
- Check Gap Coverage: If you have it, file a claim to bridge the gap between the car’s value and your lease balance.
- Consider Legal Help: An attorney dedicated to car accidents can advise you on your rights.
Notify the Dealer
You'll need to contact the dealer or leasing company after a total loss. This is because they still own the car.
The dealer needs to know about the crash as soon as you finish talking to the insurance company. This is because they might have specific requirements for repairs.
You should be prepared to follow their rules, which could include using manufacturer's parts instead of secondary parts. If you don't, you could be in violation of your leasing contract.
Some dealers may be very helpful after a wreck, as they have an interest in making sure the car is fixed properly. However, others may not be as cooperative.
The process for getting the car fixed will vary slightly depending on your insurer and the dealer. In some cases, the dealer will work directly with the insurance company to have the vehicle repaired.
Here are some key steps to keep in mind when notifying the dealer:
- Call the dealer as soon as you finish talking to the insurance company.
- Be prepared to provide information about the accident and the car's damage.
- Follow the dealer's rules for repairs, which may include using manufacturer's parts.
By following these steps, you can help ensure a smooth process for getting your lease car repaired or replaced after a total loss.
Visit a Body Shop
You'll need to take your leased car to a body shop after an accident. Your insurance company may recommend a preferred body shop, but you might also have the option to choose your own.
The leasing company might want to assess the vehicle after the accident, so be sure to let them know. Once the car is taken to a body shop, you will receive an estimate for the repair costs.
If the damage to the vehicle is significant, the insurance company might deem it a total loss if the cost of repairs exceeds 65% of the car's value. For example, if the repairs amount to $30,000 but the car's value is only $36,000, the vehicle might be declared a total loss.
Even if your leased car is totaled, you may still be responsible for making lease payments. This means that after a severe accident, you may end up owing money to the leasing company.
Dealing with a Vehicle
Dealing with a vehicle after a total loss can be a complex and frustrating process. You may be wondering what your responsibilities are and how you can navigate this situation.
If your leased car is totaled, the insurance company will likely send a check to your leasing company for the fair market value of the car. This means you won't receive any direct payment from the insurance company.
You'll still be obligated to make lease payments, even if your car is totaled. This can put you in a difficult financial position, especially if the insurance payout doesn't cover the remaining balance on your lease.
If you have gap insurance, it may help cover the difference between the insurance payout and your remaining lease balance. This can be a lifesaver in situations like this.
Here are some common scenarios where a leased car can be totaled:
- Severe accidents, such as collisions with other vehicles or stationary objects
- Natural disasters, like floods, fires, or severe storms
- Extensive vandalism, which can make the car irreparable
- Theft, if the car is stolen and not recovered, or if it's recovered in a damaged state
In Maryland, if the estimated repair of the leased car exceeds 70% of the car's value, it's unlikely that an insurance company will pay for the repairs.
Sources
- https://ricelawmd.com/how-does-accident-affect-car-lease-maryland/
- https://naqvilaw.com/what-happens-if-you-total-a-leased-car/
- https://www.mg4law.com/resources/my-leased-car-was-in-an-accident-now-what/
- https://caraccidentattorney.com/blog/what-happens-if-a-leased-car-is-totaled/
- https://www.thebarnesfirm.com/what-happens-if-you-total-a-leased-car/
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