What to do if my car, which was in park, went rolling into the pond in front of my sister’s house and was completely submerged?

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What to do if my car, which was in park, went rolling into the pond in front of my sister’s house and was completely submerged?

I paid $2500 down on this vehicle and been making payments for 2 years. The insurance I have is full coverage on the vehicle. The insurance company said the vehicle was a total loss but is only going to pay it off for me, that leaves me without a vehicle and any money I have put in the vehicle is gone. I looked up online curious of why my vehicle would roll while in parked and found that acura has a recall on my vehicle that I was never notified off. I bought it from a used dealership in Ohio, do I have any legal stand for this happening?

Asked on August 14, 2013 under Accident Law, Ohio

Answers:

Maury Beaulier / MinnesotaLawyers.com

Answered 8 years ago | Contributor

I am not sure that I understand the question.  Your insurance police must be reviewed, but, generally, the insurance company is rewspon sible only for the value of the vehicle, whatever that might be.  If it is only valued at the amount of the pay off, that is what would be payable.  If you disagree with the valuation, you can negotiate and, possibly arbitrate the issue. 

 

Without some indication that the vehicle you purchased was covered by a warranty and something related to that warranty failed, you likely have no recorse against the seller or the manufacturer as  used vehicle.  Moreover, you would have to demonstrate the cause of thevehicle's  loss was related to some issue with the vehicle that should have been known.Ultimately, the cost of litigation would likely far exceed the cost of the vehicle. 


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