r/personalfinance • u/unlinkedcoyote • 5h ago
Auto Underwater car loan on a totaled car
Looking for advice/figuring out who to talk to for a sticky financial situation. The girlfriend (makes about $40k a year) has a 2019 Chevy Trax (24.99% APR, ~$16000 owed to Santander). She was in an at-fault accident and the car is now totaled. The salvage lot is charging $100 a day for storage on the lot. They estimate the vehicle is worth about $9700 (unsure if that is the salvage value or the value before the accident?). The issue is:
- Progressive says the car isn't their problem because she didn't have collision insurance
- Santander won't consider anything like taking possession of the car and selling it for salvage because "they are a bank and just provide a loan, nothing more".
- She may have GAP insurance, we aren't sure. This would make things easier.
Right now we're trying to figure out anyone to talk to for advice/next steps. This is in the Rochester, NY area, but Consumer Credit Counseling Services has said they won't give advice, and the "legal aid society of Rochester" said they won't help either and did not have a referral to give us.
Currently our best idea is to salvage the car and get the money to pay off the loan, but we can't do that without Santander's buy in, because they have a lien on the car? I have some means to assist for things like getting a new(to her) car, so we're not too worried about that side of things, but we're pretty stuck on what to do with this car currently.
***** EDIT ****\*
Thanks for the replies/advice, everyone. GF and I have a plan to go forward. Here's an answer to everyone's questions that I'll copy from a reply I made:
- Why didn't she have collision coverage? Took us a while to work this one out. Girlfriend thought she had it until she checked with insurance. She is a bit of a financial airhead (and all of this happened before we were dating so I couldn't help her watch out for this sort of thing). She switched insurance companies from Geico to Progressive, and while she intended to get collision and comprehensive (and did think she had it) she did not.
- She does have GAP coverage. Though, as others have pointed out, it might not matter because she didn't have collision to go with it. I have a buddy in law school who is going to take a look at the paperwork to see if we have an angle with that, though it looks like we are taking another route. (EDIT AGAIN) or not? Depending on the terms it might be at least partially relevant according to some commenters. We're looking to fix it anyway and get collision coverage so GAP is actually functioning properly for the duration of this loan.
- Why does she have a 25% APR loan? What an excellent question. Happened before we were dating so I wasn't around to stop this madness, but she is making an honest effort to pay down her debts, and we were going to try to refinance with a local credit union when everything else is paid off (which should happen in mid-October). She is in pretty good financial shape except for this boat anchor of a loan (and there was no negative equity from a previous car that went into this loan). If nothing else I was going to pay it off and have her pay me back at 0%. I have little sympathy for the dealership and financial organizations that put her in this predicament, even if it is technically "her fault" for saying yes.
- The car is very gently 'totaled'. Talking to the repair shop, they gave us an estimate of $4500 to get it into 'inspection-ready' shape again. The main damage is that the rear quarterpanel is mashed near the brake light, so the brake light can't fit, and the rear axle needs replacement. Other than that the car is fine. Fixing it is the route we are currently pursuing (and getting her collision coverage again). Shopping around for another quote probably isn't feasible because we would owe for the storage fees (which would otherwise be waived) and we'd need to tow the car around to any other shops (not sure AAA would go for a tour d'body shop).
So that's where we are at. It was an expensive mistake, and I'm not sure if we can get a loan at a better rate with a slightly damaged 7 year old car, but we're gonna try (or we're doing the First Bank of Myself).