What to do if I was hit from behind and have a lein on my vehicle and now I need the balance owed either paid or reimbursed to me as my car was a total loss?

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What to do if I was hit from behind and have a lein on my vehicle and now I need the balance owed either paid or reimbursed to me as my car was a total loss?

Asked on November 13, 2017 under Accident Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It's not 100% clear from your question what exactly you are asking: you may wish to repost with additional detail.
If the car was totalled, your insurer (if you have collision coverage) and/or the other person's insurer should be paying you the car's then-current fair market, or blue book, value. Unfortunately, the car's value is all you are entitled to--not what you still owe on it, or the amount of any lien. What you paid, if you have any judgments against you resulting in a lien, etc., is not considered for compensation purposes: the law uses the blue book value as the benchmark for what you receive.


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