If my son was driving without any insurance and swerved to miss a deer and totaled his car, what is the bank going to do once he informs them?

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If my son was driving without any insurance and swerved to miss a deer and totaled his car, what is the bank going to do once he informs them?

He’s still owes on his car note and intends on paying it.

Asked on September 27, 2015 under Accident Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

All the bank can do is get a potential judgment against your son for breach of his contract which probably required him to maintain insurance.  They can't repo the vehicle since it's been totaled.  They could try to accelerate the note, but it won't help them much consider the damage to their collateral.  Your son just needs to keep making his payments.  As long as he is making his payment timely, they really can claim an injury. 


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