How do I go about getting out from under my car payment?

UPDATED: Oct 2, 2022

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How do I go about getting out from under my car payment?

I financed my car. I hadn’t had it but for 8 months and within that time the car broke down a month after

getting it and warranty didnt cover it. The car was broke down for 2 months. I finally got the car up and running but it never ran right. They refused to help me. I therefore got a different car and put it in replace of my old car on insurance. Basically, I had no insurance just for a week on this car. Last month, my car caught

on fire. The check engine light came on and it started smoking bad. The brakes stopped working. I had to jump out of the car. The car is completely totaled. I was told it was an electrical fire. No one will not help me get out from under it. I’m lost on what to do.

Asked on July 26, 2019 under Accident Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A car payment is a contract. Unless you were able to and did in fact get the car taken back under your state's Lemon Law, you are obligated to make the payments, even if disappointed by the car--and even if the car is totalled. Your obligation to pay for the car is NOT affected by what happens to the car (e.g. theft, accident, or, as here, fire) after you take title to it. Your question does not indicate anything that would let you get out from under the payment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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