Whose side would you be on? UPDATE page 17 (?!?)

[kimblebee]

UGH

My husband rear ended someone last night and now our car is a write off. Thankfully, he’s ok, as well as the occupants of the other car.

We live in a province with no fault insurance. Meaning, we do not have to pay the other persons deductable to fix their car, we’d only have to pay to fix ours which won’t happen because the damage far exceeds the value of the car. I’ve said before that it’s held together by rust, and that’s not an exaggeration.

My bil (who I have long standing issues with) went to my husband and followed him as he drove the car home. Then, he came in while my husband called our insurance to report the accident. The car got towed to an impound lot where it will stay until later in the week when the adjuster takes a look at it.

I asked my bil point blank- who will get the money for the car after it’s written off. He said he would EVEN THOUGH he gave us the car as a wedding gift. I was soooo mad and voices were quickly raised.

I said we should get the money because A he gave us the car and B we are the ones who paid for new brakes, a new windshield, and a new fuel pump when they were needed. We’ve also being paying the insurance all that time, too.

The car is registered to bil because it wouldn’t pass a safety inspection to have the title transferred. So, when the cheque is written it will go to him. That’s his reasoning for keeping the money, legally it’s his car.

So, who do you think should get the money? It won’t be a lot, probably $1000 or so, so not a fortune, but enough to want it lol

Sorry for the novel..I’ll add more details if asked for them.

 

[sam_gordon]

UGH

My husband rear ended someone last night and now our car is a write off. Thankfully, he’s ok, as well as the occupants of the other car.

We live in a province with no fault insurance. Meaning, we do not have to pay the other persons deductable to fix their car, we’d only have to pay to fix ours which won’t happen because the damage far exceeds the value of the car. I’ve said before that it’s held together by rust, and that’s not an exaggeration.

My bil (who I have long standing issues with) went to my husband and followed him as he drove the car home. Then, he came in while my husband called our insurance to report the accident. The car got towed to an impound lot where it will stay until later in the week when the adjuster takes a look at it.

I asked my bil point blank- who will get the money for the car after it’s written off. He said he would EVEN THOUGH he gave us the car as a wedding gift. I was soooo mad and voices were quickly raised.

I said we should get the money because A he gave us the car and B we are the ones who paid for new brakes, a new windshield, and a new fuel pump when they were needed. We’ve also being paying the insurance all that time, too.

The car is registered to bil because it wouldn’t pass a safety inspection to have the title transferred. So, when the cheque is written it will go to him. That’s his reasoning for keeping the money, legally it’s his car.

So, who do you think should get the money? It won’t be a lot, probably $1000 or so, so not a fortune, but enough to want it lol

Sorry for the novel..I’ll add more details if asked for them.

I do agree BiL should get the money because he still owns the car. He never gave you the car. He let you use it. If he would have transferred the title, then he would have given it to you.

However, IMO, the money should go to a replacement car.

 

[Mizzoufan]

UGH

My husband rear ended someone last night and now our car is a write off. Thankfully, he’s ok, as well as the occupants of the other car.

We live in a province with no fault insurance. Meaning, we do not have to pay the other persons deductable to fix their car, we’d only have to pay to fix ours which won’t happen because the damage far exceeds the value of the car. I’ve said before that it’s held together by rust, and that’s not an exaggeration.

My bil (who I have long standing issues with) went to my husband and followed him as he drove the car home. Then, he came in while my husband called our insurance to report the accident. The car got towed to an impound lot where it will stay until later in the week when the adjuster takes a look at it.

I asked my bil point blank- who will get the money for the car after it’s written off. He said he would EVEN THOUGH he gave us the car as a wedding gift. I was soooo mad and voices were quickly raised.

I said we should get the money because A he gave us the car and B we are the ones who paid for new brakes, a new windshield, and a new fuel pump when they were needed. We’ve also being paying the insurance all that time, too.

The car is registered to bil because it wouldn’t pass a safety inspection to have the title transferred. So, when the cheque is written it will go to him. That’s his reasoning for keeping the money, legally it’s his car.

So, who do you think should get the money? It won’t be a lot, probably $1000 or so, so not a fortune, but enough to want it lol

Sorry for the novel..I’ll add more details if asked for them.

I'd say you guys since it was given to you all as a wedding gift. You all should have never ever left if in his name though lesson learned know I'm sure. Hugs.

 

[wenrob]

Is BIL’s name on the insurance?

 

[Disneylover99]

UGH

My husband rear ended someone last night and now our car is a write off. Thankfully, he’s ok, as well as the occupants of the other car.

We live in a province with no fault insurance. Meaning, we do not have to pay the other persons deductable to fix their car, we’d only have to pay to fix ours which won’t happen because the damage far exceeds the value of the car. I’ve said before that it’s held together by rust, and that’s not an exaggeration.

My bil (who I have long standing issues with) went to my husband and followed him as he drove the car home. Then, he came in while my husband called our insurance to report the accident. The car got towed to an impound lot where it will stay until later in the week when the adjuster takes a look at it.

I asked my bil point blank- who will get the money for the car after it’s written off. He said he would EVEN THOUGH he gave us the car as a wedding gift. I was soooo mad and voices were quickly raised.

I said we should get the money because A he gave us the car and B we are the ones who paid for new brakes, a new windshield, and a new fuel pump when they were needed. We’ve also being paying the insurance all that time, too.

The car is registered to bil because it wouldn’t pass a safety inspection to have the title transferred. So, when the cheque is written it will go to him. That’s his reasoning for keeping the money, legally it’s his car.

So, who do you think should get the money? It won’t be a lot, probably $1000 or so, so not a fortune, but enough to want it lol

Sorry for the novel..I’ll add more details if asked for them.

If the car is in your Bil's name, isn't the insurance in his name too? If so, than his insurance rates will likely go up.

 

[dotfurio]

I see why legally the money is going to BIL, but IMHO I think he should give it to you as he gifted the car to you, even though you all were unable to change the title.

 

[kimblebee]

I do agree BiL should get the money because he still owns the car. He never gave you the car. He let you use it. If he would have transferred the title, then he would have given it to you.

However, IMO, the money should go to a replacement car.

He ‘gave’ the car to us as a gift though. Not, here, use the car for now..more of a ‘here’s a car’

We couldn’t transfer the title because like I said, it would not have passed a required safety check so it’s a way around the system. It’s using a loophole but it’s very common.

Is BIL’s name on the insurance?

Yes, his name is on the insurance but we have been paying it for the last three years, along with all repairs needed.

 

[MaryLovesPoohBear]

His name is on the title and the insurance is in his name.

It is his car.

 

[kimblebee]

His name is on the title and the insurance is in his name.

It is his car.

Legally, yes it is. I’m not disputing that. It’s the fact that he gave us the car as a wedding present..not as a loaner; as a keeper. If it was ‘his car’ he should have been paying for all the repairs, no?

 

[MaryLovesPoohBear]

Legally, yes it is. I’m not disputing that. It’s the fact that he gave us the car as a wedding present..not as a loaner; as a keeper. If it was ‘his car’ he should have been paying for all the repairs, no?

Why, once the car was fixed, didn't you have the title changed?

And legally is all that matters at this point. The car is legally his, and the check will be in his name.

 

[lorimay]

Maybe he will do a 50/50 split with you at the very least.

**But he should give you the entire amount!

 

[wenrob]

Legally, yes it is. I’m not disputing that. It’s the fact that he gave us the car as a wedding present..not as a loaner; as a keeper. If it was ‘his car’ he should have been paying for all the repairs, no?

Well, if he’s a decent guy he’d at least reimburse you for repairs/insurance. Legally though it’s his car. Using this loophole unfortunately is biting you in the booty. Honestly I’d look at it as a lesson learned and move on. I’d also let him pay the towing/impound fees if there are any and he’ll be taking the hit on his insurance so there’s that.

 

[kimblebee]

Why, once the car was fixed, didn't you have the title changed?

And legally is all that matters at this point. The car is legally his, and the check will be in his name.

The repairs done would t have been enough. The car was 20+ years old and rusting. All the body work would have to have been done too, and the cost would have exceeded the value of the car.

I get that the car is legally his, but physically hasn’t been his for over three years. If it is his car, as I’ve said, he should have been the one to pay for the repairs. Maybe we should show receipts and ask for compensation for that.

I really don’t want this to get ugly and separate family. Last night I actually decided to say screw it, if we get money, we do. If we don’t, we don’t. But, I won’t talk to him anymore. I won’t keep my husband from him or anything, and I won’t (and don’t) badmouth him. I’ll just choose not to be where he is.

 

[kimblebee]

Well, if he’s a decent guy he’d at least reimburse you for repairs/insurance. Legally though it’s his car. Using this loophole unfortunately is biting you in the booty. Honestly I’d look at it as a lesson learned and move on. I’d also let him pay the towing/impound fees if there are any and he’ll be taking the hit on his insurance so there’s that.

He’s not a decent guy..that’s the problem. I did say in the post above this one I’ve decided to just zip my lip and whatever happens, happens.

 

[Disneylover99]

Yes, his name is on the insurance but we have been paying it for the last three years, along with all repairs needed.

IMO, your bil leaving a gifted car to you in his name under his insurance was a risky and foolish move for him. Was there ever a discussion or agreement prior to this of what happens if there is an accident?

How will your bil's rates be affected by your husband's at fault accident?

 

[SteveH]

I would have said it was your money as it was a gift. But the fact that it still titled in his name and he was paying insurance that changes it all. Now should he give you the money? Probably. Do you have a case that you invested into the car and are now out of that money, I suppose. I'd say it wasn't much of a gift since he never officially gave it to you and you went along with that deal.

Walk away, learn from it, and move on with your life.

 

[MamaBelle4]

When I was 18, my brother lent me his car as he was without a license. We transferred it to my name and I paid insurance on it. It had a ton of issues, and I paid for repairs as I was the one using it. Expensive repairs too. It was a crappy car to be honest with you.

Someone backed into me at a stop sign and totaled the car. My brother wanted the car back and told me I could keep the check, so that was what we did. I used the check towards buying myself another car and my brother fixed his and still drove it.

I know the situation is different as he was clearly loaning it to me, but, and here's the kicker - your BIL's insurance is going to go up now as a result of this accident. He gave you the car 3 years ago, in my opinion, even if it WAS a loaner, it was your responsibility to pay for the repairs as you were the one using it. I thought it was generous of my brother to let me keep the check from the accident, he certainly didn't have to.

1,000 is not a small amount of change. If it were me, I'd tell you to keep it as it was a gift, but I don't think it should be enough for you to cut ties with him in my opinion. But you need to do what is right for you.

 

[shoney]

If the car was a gift so u should get the money imo. Legally I guess the money is his.
Good luck!

 

[kimblebee]

IMO, your bil leaving a gifted car to you in his name under his insurance was a risky and foolish move for him. Was there ever a discussion or agreement prior to this of what happens if there is an accident?

How will your bil's rates be affected by your husband's at fault accident?

No, his insurance won’t go up, but my husbands licence will when it comes time to renew.

I would have said it was your money as it was a gift. But the fact that it still titled in his name and he was paying insurance that changes it all. Now should he give you the money? Probably. Do you have a case that you invested into the car and are now out of that money, I suppose. I'd say it wasn't much of a gift since he never officially gave it to you and you went along with that deal.

Walk away, learn from it, and move on with your life.

That’s the thing though, he WASN’T paying the insurance. We have been from the second he gave us the car. He hasn’t put one penny towards it in three years.

 

[kimblebee]

When I was 18, my brother lent me his car as he was without a license. We transferred it to my name and I paid insurance on it. It had a ton of issues, and I paid for repairs as I was the one using it. Expensive repairs too. It was a crappy car to be honest with you.

Someone backed into me at a stop sign and totaled the car. My brother wanted the car back and told me I could keep the check, so that was what we did. I used the check towards buying myself another car and my brother fixed his and still drove it.

I know the situation is different as he was clearly loaning it to me, but, and here's the kicker - your BIL's insurance is going to go up now as a result of this accident. He gave you the car 3 years ago, in my opinion, even if it WAS a loaner, it was your responsibility to pay for the repairs as you were the one using it. I thought it was generous of my brother to let me keep the check from the accident, he certainly didn't have to.

1,000 is not a small amount of change. If it were me, I'd tell you to keep it as it was a gift, but I don't think it should be enough for you to cut ties with him in my opinion. But you need to do what is right for you.

No, his insurance won’t go up because we live in a no fault province. The only increase will be to my husbands drivers licence which, unfortunately comes due in May.