How do you get an automobile dealer's license?

Dealer's Licenses
This is going to depend on your state, and maybe your county and/or city.

To find information for your local area, try searching Google for "[your state] automobile dealer's license" or "[your state] vehicle dealer license."

For example, to become a licensed car dealer the State of California Department of Motor Vehicles requires a dealer applicant to take a six hour preparation class to become a licensed car dealer. There are 2 main types of dealers, retail or wholesale. Retail Dealers have more restrictions as liability which required more dealer insurance as well as a larger dealer bond, but retail dealer are the only dealers allowed to sell to the public. Wholesale dealers may only sell to other dealers.

The applicant must take the class and pass a 40 question test, then submit an application and a bond, then submit photos and pass an on-site inspection. Upon review the DMV inspector will review the dealer's application and then approve the tempory license. Often the largest struggle for those attempting to start a retail dealership is the zoning for the city or county to allow a dealership at the choosen location. Make sure that the location you choose is zoned properly and/or will be an acceptable location for a retail dealership. Rarely do wholesale dealerships struggle getting proper zoning permission from the government.

Once a would be dealer passes the test they must prepare for DMV approval from the inspector. To prepare the following tasks must be done. The applicant must produce 11 photos 1)building 2)outside sign 3)display area 4)office 5)business license 6)resale permit 7)telephone 8)inside signs 9)locked cabinet 10)checkbook 11)dmv dealer book

Then the applicant must submit: zoning approval letter, OL902 certificate of class completion, TSM888 business license resale permit ficticious name statement telephone listing livescan fingerprint card personal history questionaire completed dmv dealer application bond in the name of the owner / dealership.

Temporary license can be granted within 30 days permanent license can be granted within 120 days.

How do you have your car voluntarily repossessed?

Answer :
Call your lender and tell them you want to give up the car and you want it picked up. It's that simple.

Answer :
I recently voluntarily repossessed a car that I had purchased for a guy that is now an "ex" who quit making payment. I simiply called the loan instituion and gave permisssion for them to repossed the vehicle. It was as easy as that. It had to go through an authorization process but was repossesed. I hope this was of some help.

Answer :
Call the lender and tell them due to certain circumstances, you can no longer afford the payments. Tell them you will take it back to the dealership and they can take it from there. If you don't want to bother taking it back to the dealer, tell the lender to send a tow for it.

Answer :
My mom voluntarily turned in her car and ten years later they came after her for the amount owed on the car.

Answer :
A repo is a repo is a repo.............I hate to tell you if they repo it and you owe 10 grand or you turn it...in guess what? you still owe 10 grand. There is very little diffence if any at all between a so called voluntary repo and a regular repo.Both still stay on your credit the same amount of time.

Answer :
exactly whether you turn it in your ownself or they come and pick it up it is all the same thing!!!! don't think you will get brownie points with your lending institution for calling them and telling them to come and get it!!! it's all treated the same way!!!

the only way to get out of owing for that car again in this lifetime is to file chapter 7 period!!!! that will get you out of owing the money for what they don't get at auction.. and they won't get the money you owe at auction and you need to know that!!!! they will get pennies on the dollar!!! and you will end up owing for the rest of that loan...

best thing to do is to call your bank and tell them you need to work this out and pay for the car some kind of way.. if you simply can not do that then you can't!!!! but know that the only thing you are doing by calling them and voluntarily giving the car up is saving a repo man some headache... that's it!!! and also know that if you do not want this to appear on your credit for an eternity you will have to file chapter 7.. I think most people are under the false impression that bad credit only stays on there for 7 years and that isn't true 7 years from the last reporting date and that is way longer then what most people think...they can report it forever so eventually it will be a mess that you will have to mop up!!! they could attach wages, taxes liens on real property and a whole mulitude of things so know that when a car gets repoed you will have to eventually contact an attoney and file

Answer :
It is not true that you will automatically have to file Chapter 7 bankruptcy once your car is repossessed and once it is sold at auction with you owing money. You can simply pay back the balance after sale. You can make arrangements at that time. I know...I have helped people make such arrangements.

Answer :
It is not 7 years from the last reporting date....It is 7 years from the point that the account is FIRST reported delinquent.

Answer :
Payment plans are not feasible for the clients I work with who do voluntary repos. If could afford these plans they would have kept up with their regular payments. My clients have all been harrassed by collections agencies and some have been taken to court. And yes, the repo does stay on your credit report for seven years, which also the minimum time a judgment will remain as well. But in some cases, the voluntary repo is the best or only choice.

When can your car get repossessed and what are your rights?

Vehicle repossession and your rights
Anytime you borrow money to buy a car, you should know that:

The lender can repossess if you miss a payment or for any default (a violation of the contract).

The lender can repossess without advance notice.

After car repossession, the lender might be able to accelerate, meaning the lender can require the borrower to pay off the entire balance of the loan in order for the borrower to get the vehicle back.

The lender can sell the repossessed vehicle at auction.

The lender might be able to sue the borrower for the deficiency if it sells the car for less than the borrower owes. This is true even in voluntary car repossessions.

The lender cannot commit a "breach of the peace," for example, breaking into a home or physically threatening someone, in the course of a car repossession.
The bottom line is if you want to know your rights, they are listed on your security agreement. This document you had to sign when you got a car loan. This is the document that the lien holder gives to the DMV to place a lien on your car. It will go over what the lien holders rights are in the event of default, and what your rights are. So find the documents you signed when you got the loan, or ask the lien holder for a copy and read it, it is the most important document you sign when you get a car loan.

If you know you're going to be late with a payment, talk to the lender to try to work things out. If the lender agrees to a delay or to modify the contract, be sure you get the agreement in writing.

Some states have laws that give consumers additional rights. Contact your state or local consumer protection office for more information.

Points made by other contributors:

READ THE CONTRACT. Lenders go to a lot of trouble to make sure their contracts and other paperwork are LEGAL so you can't get out of a loan because the paperwork wasn't right. They may not tell you all your rights, but they will tell you ALL of theirs.

Decide what you can afford to pay and have a bit of room to live. Then make them the offer. Think about it BEFORE you talk to them and make up your mind that you are willing to pay that much each (week, month, year). When you talk to the creditor don't cave in to the pressure they put on you to pay up. They can ultimately garnish your wages but why should they if you will pay them the money without it. By the way, they can't put you in jail.

Call the lender and make them an offer to settle now. They would rather have money now than have to go through the collections, judgement, garnishment etc. routine. All you can waste is time and a phone call. They probably have an 888# so you won't even be out a phone call.

The worst part I see is the ability to give you and the IRS a form 1099 for whatever they DONT collect from you. It basically says the lender forgave you X number of dollars, so that forgiven money is treated as INCOME to YOU. Example; you owe $10K on a car, it disappears, lender can't collect. Two years (or whenever) the lender sends you a 1099. You have moved six times since the last address the lender had for you so it gets returned. You never receive it. BUT the IRS gets their copy and bills you for $10K in unreported income and penalties. You were expecting a huge refund that year and the IRS gets it. NOT fun.

I lost a large repo account for accidently calling a debtor's father at 200am one time. Law says you can approach at any reasonable time usually aften 1000pm I quit. UNLESS, there are lights on, folks moving around, they are out in yard ect. Knocking the door after being told "debtor doesnt live here" is NOT kewl. telling anyone but the debtor about their personal info is NOT KEWL. Ok, now where did he get your car from? Surely NOT your parents home? Or did they tell him where you were?

Unfortunately, People get behind and cars get repo'ed. I myself repo vehicles. I know you probably all hate me for that but I have also had a vehicle repo'ed in the past. We all have times in life when things just suck but If I may give you'll some advice. 1) Don't ever perchase a vehicle for a family member, they really don't care about your credit, they didn't care about their own or they would have probably got the loan themselves. 2)If a repo person calls you to find out where you are, they will probably have your vehicle with 24 hours. So, if they say call your lender to try and stop it, I would call. There's always hope to call if off. The banks loose money when a car is repo'ed. 3)Even if you think you have tried everything, call a local bank or your bank and try to get it refianced with someone eles. There's always someone out there willing to lend money. Gook luck to all of you, hope I don't have to repo your car.

I just read the following answer by anonymous to the question concerning your rights in a repossession:

"I am a repo man, and ironicly this happend on a case last week. The debtor (you in this case) filed for bankruptcy at 8:00am. I repoed his car at 7:30pm that night. After a few days on the phone with his laywer, and bank, the car was returned at the descretion of the bank. So, if you file before your car is repo'd, you can keep the car for that period of time. Your report will show what the bank wants to say, call them about it. Once your car is repo'd that's it, bankruptcy cannot help."

Anonymous is mistaken -

Even after a car has been repossessed, if the person whose car was repossessed then files bankruptcy after the car has been repossessed, and if they file for bankruptcy after the car was repossessed but BEFORE the car is then resold to another person, it is possible to compel the creditor to return the car to the debtor.

The reason for this is that the debtor can file a motion asking the car to be returned to the debtor because by repossessing the car right before the bankruptcy, the repossessing creditor is placing itself in a better position than other creditors (it is called a "preference"), and the court on that basis can order the car to be returned.

Breach of the Peace: Taking the vehicle from driveways, open carports, and parking lots at work is generally allowed. But the repossession company may not:

enter a closed or locked garage, or otherwise break and enter any property
enter into your house, unless invited
damage the vehicle during the repossession
threaten or commit violence, or touch anyone
threaten you with arrest
force you to pull over to the side of the road
have sheriffs or police present unless the creditor has already sued you

True to all of the above and including:

If you tell them to get off your property, they MUST do so.

Cannot block or disable the vehicle.

Cannot misrepresent themselves. Giving another name or state another occupation is illegal.

If you decide to surrender the vehicle, you are allowed to obtain all personal items from the vehicle and to remove the tags. The tags are registered to the owner, and the owner is responsible for them. Also, remove the registration and insurance cards.

If the repo man fails to abide to any of the above,(including the above post) call the police and have them aressted. The rights are with the property owner, and any violation including "Breach of Peace" will NOT be tolerated by any law enforcement officer!

Read the terms of your loan thoroughly before you sign. It's a lot of boring fine print, but it's important. I was surprised to find my contract included my permission to let the bank onto my property to take my car should I default! So I had basically signed away my right to refuse to let the repo man into my closed garage!

I was a police officer in Milwaukee for a number of years. I retired in 1984. So, my answer may be dated. When people called us to say that their garage was broken open and their vehicle was stolen, we told them that it was a civil matter and to talk to the district attorney if they wanted. We always received a phone call after the repo men had left, so we knew what happened to their vehicle and why. When we informed them that their vehicle was repo'd by the loan company, they usually just hung up. I was never called to settle a dispute if the repo people were confronted because that never happened in my 25 years. The repo people are good at their job and we never had a confrontation.

Please check out these Ohio Statutes:

Regarding Ohio not having a breach of the peace law, your repo man is mistaken.

Please see below-these are Ohio Laws verbatim-

Section B-2 - Would indicate that there is codified in Ohio a breach of the peace statute.

� 1309.609. (UCC 9-609) Secured party's right to take possession after default. (A) After default, a secured party: (1) May take possession of the collateral; and (2) Without removal, may render equipment unusable and dispose of collateral on a debtor's premises under section 1309.610 of the Revised Code.

(B) A secured party may act under division (A) of this section: (1) Pursuant to judicial process; or (2) Without judicial process if it acts without breach of the peace.

FROM http://www.megalaw.com/oh/ohcode.php

Also whoever said that the repo man -) Cannot block or disable the vehicle.( Is not fully informed re Ohio law pursuant to 1309.609 (A)(2) which states that the repo man can bust up your stuff. (render equipment unusable in legal terms)

I am the sales manager & collections dept. of a small dealership in Seattle. We finance many of the cars we sell ouself (inhouse). I have done many repo's myself when they are easy(like when the car is near the dealership and we have extra keys and can just drive the car away). The people who live farther away or when the car is blocked in we use a repo company. In Washington we legally can repo a car at 1 second past midnight if a payment was due that day. We can open a gate to remove a car as long as the gate isn't locked. We cant move another car to get to the repo car. We cant open a garage and take the car, that would be breaking and entering. If the people protest we cant take the car(thats why its often done at night,so you don't see the people.

People may remove all personal belongings from a car after its been repoed, as long as they don't devalue the car. They cant take back fancy wheels they might have put on, remove the stereo or speakers, seats, etc. If they have a speaker box and amp, they may remove that.

Most repoed cars are sent to wholesale auction(dealer only) where they sell for about 30-40% of what you paid for it 1-2 years ago. If the car is resold for more than you owe(in Washington anyway), they must pay you back the difference. If you owe alot the car will be cleaned up before it goes to auction so they can get back more of what is owed, but if you do not owe very much they leave the car dirty and full of grabage to insure a low selling price so they do not have to refund you any money.

Many times these laws are taken loosely or bent to get the car back, I would guess, always having followed the law to the letter ourself. You must remember there are some people who have had 5 or more cars repossessed and know the laws and try to use it to keep their car. They do not intend to pay for a car when they buy it, they then try to hide the car, trade cars with a friend, block it in their driveway, etc. Usually we can spot these people before we let them buy a car, their only concern is the down payment, they dont care at all about the monthly payments or interest.

Many small dealerships do reposes their cars once a payment is only several days late. We generally don't sent a car in for repossession until they have not paid in 2 months and they will not return our calls or letters. If they have called to let us know they were having problems or sent in at least part of a payment we may wait a while longer but once a 3rd payment is missed the car is sent in to be picked up for sure. It is expensive, we usually spend over $300 to get a car picked up from a repo company. We would much rather keep the car sold to the person who bought it, but there comes a time when we realise we may not ever get any more money from the person and we either send them to collections, repo the car, or write it off as a loss. Typcally a repoed car is very dirty, broken headlight, taillight or other dammage not there we we sold it, not taken care of, full of garbage and has hardly enough gas to make it to a gas station.

Is there a way to trade in your car if you are upside-down on the car loan?

you can but i would not. stick it out or sell it to someone but it looks like you are stuck because you r upsisde down

The business is in crisis right now, so you will be attacked and treated like the enemy more than ever before. You have to know the real WHOLESALE value of your vehicle with all the features, mileage and damage. Don't be unrealistic but don't be bullied either.

Then get on the Internet and find out what the car you wish to buy actually cost the dealer after they get manufacturers incentives etc. A good resource for this number is a local credit union or your insurance agent (if they have car loan resources). There are also many independant resources.

If your credit bears it, you can go to the dealership and lay out the deal. Don't allow the sales person to bully you with the "Four-square" plan. That is a lie. Every dime you put as a down payment is pure profit to them regardless of the deal. Regardless of the car or what you owe on your vehicle, there are two things to keep in mind. 1. You should pay no more than a total of $500.00 profit to the dealership. That is a fair ammount. 2. At the end of the deal, now you must decline ANY form of extended warranty. And you must also negotiate interest on the loan. The best way to do this is to get a letter of committment from your bank in your pocket with a good interest rate. then when you go to the dealership you can negotiate honestly and in confidence. They will make every effort to better the deal. Don't buy extra anything from them or they will bury you in extra charges.

I hope this helps.

Answer 2:
Try looking for dealers that offer cash-back incentives and rebates. You can ask them to apply all those amounts combined to what they will allow you for your car. If they want to make a sell, they'll work the numbers for you!

Answer 3:
I recently had to deal with this situation and YES, it is possible. You have to really work the dealers though...it is a long stressful process of negotiations but the fact remains, they want to make a sale!! There are ways around it by shopping at several dealers and let the dealers know that you are looking at other dealers. This will get them in the competition mode of wanting to beat their competetors. Look for rebates and special deals. A strong way to accompish what you want is to look for a new model that is a year old. You will get a new car with the new smell but with a larger rebate and lower price. Do your research and have an idea of what is a reasonable monthly payment that you can handle and then research the vehicle you want to get an idea of what extras you can afford and want included. One tip is to make a spreadsheet showing the price of any entertainment packages, equipment packages, DVD players, radio's, etc... that are available as options and determine how much each option will increase the price. This will help you know what you want and how much it should cost you.

How should you 'break-in' a new car?

Breaking-In a New Car
Most manufacturers have recommendations in the handbooks.

Basically you start off treating the engine very gently i.e. gentle revs and never more than 1/4 throttle. Over time you gradually use more revs and more throttle until you eventually end up using the full range of the engine. It is important to eventually end up using all the power and rev range to wear harden various parts. It is also important that you do not keep to a single continuous speed or gear but vary your speed quite a bit during this time (a long highway journey is NOT a good break in if you just sit in top gear at a continuous speed). This is because things are still hardening up and you can wear a groove into them.

Modern engines break in relatively quickly, often 1000km, older designs took longer as the tolerances were not as precise. The first oil change is often a lot sooner than later ones as during break in rough edges from manufacturing will be worn off and end up in the oil.

Here is more advice from various contributors:

Drive it gently. General rule is not to exceed 3000 - 3500 rpm. for the first 500 miles. It is also a good idea to be kind to it for the first 2000 miles.

"Breaking in" your cars engine is an old myth, it is also bull. Rule #1 if you want your engine to last a long time, treat it gentle all the time, not just for the first 1000km.

Break in is important. All engine bearings and cylinders, etc. must wear evenly and proper. Also, piston rings need to seat. Have you ever seen a new engine burn oil until it breaks in? Some piston ring take up to 5000 miles to fully seat or wear evenly to cylinder bore. Not following proper break in procedures could result in premature engine/parts failure.

This depends whether you purchase or lease a car. With a purchase you should break a car in for the reasons and using the methods described before, ignoring the one comment about it being bull. If the vehicle is a lease you may skip the break-in period if you so wish. Since not breaking-in a car may result in improper wear of parts, or even engine failure, during the warranty period it will be covered, and a leased car will be returned to the dealer before the warranty period expires.

You shouldn't just break-in your car if you are buying it. Even if you are leasing it you should. Do the next guy a favor. A very inconsiderate answer man. Besides some people lease it and then decide they like it and want to buy it, so I say, you should break it in anyway. No matter what.

If you research on how to break-in a new engine on the web, most sites will tell you a procedure to break-in the piston rings (the only thing that matters).

The proper way to break in an engine is to drive at 30 mph and accelerate to 50 mph. Do this to break in the engine the proper way. Do this the first 3000 miles or so.

Manufactures are making engines with much higher tolerances today. Where cylinder clearances used to be in the thousands of an inch, now its in the ten thousands. Bores are rounder and straighter. There is know reason to baby a newer engine, it will actually hurt. You need cylinder pressure to drive the rings out onto the bore, which actually shaves the bore into a perfect fit. By babying it the rings will only rub and burnish the surface leaving a less then Ideal finish. So ... keep the revs below 4000 the first 300 miles, then drive it ... accelerate with meaning for the next 2500 miles and your all set. This is how all High Performance engines are broken in, and all engines today can be considered a high performance engine since they pull more power out then there predecessors ever did.

Most modern car engines are broken in at the factory, before assembly. Therefore the old tradition of breaking in a new car doesn't apply anymore. Just drive as you normally would drive and treat the car the way you would treat anything else of value.


Whose insurance applies the car owner or the driver?

Insurance Coverage
In my experience as an auto insurance adjuster, the car carries the insurance. It would tie up the courts if settlements were partially on the vehicle and partially on insurance carried by the driver. If your car is involved in an accident while being driven a person who does not have your permission (as the Named Policy Holder) it is possible that your insurance company, after an in-depth investigation, including sworn statements by you, may try to subrogate against the unauthorized driver's insurance.

Here are more opinions and answers from other FAQ Farmers:

I think this question could vary state to state. However, in WA, the insurance on the vehicle is primary, and if the drivers has insurance on another vehicle, or a broad form policy, theirs is secondary. Hope that helps, just my 2 cents.

The vehicle's insurance is primary. If liability insurance on the vehicle is inadequate your own policy will come in as secondary and protect "YOU".

The driver's insurance applies. Think of this: how can you lower your insurance premmium: you, the driver are experienced, good river (no accident, etc.) As soon as I add my daughter to my policy, it changes to inexperienced driver and not good driver category! SAME car....!

The insurance follows the car. That is the general rule. However, in some states, there is case law that will hold the owner's and driver's insurers coprimary for liability coverage IN SITUATION WHERE THE DRIVER IS USING THE OWNER'S CAR AS A TEMPORARY SUBSTITUTE VEHICLE. Generally though, the driver's policy is excess or secondary.

Who is at fault when someone backs into you while driving in a parking lot?

Parking Lot Accident
There are several things to consider in a parking lot accident like this one:

Where is the point-of-impact between your two vehicles? If the other car backed into your left rear door, for instance, he's probably at-fault for this loss because you have been well in control of the aisleway.
Where were your vehicles located after the impact? Was the other car half-way out of its spot? Three-quarters? Or just starting to back?
Are there any independent witnesses to confirm liability (this means anyone who was not located in your car or the other driver's car).
How wide is the parking lot aisle? If it's wide enough for two vehicles, were you traveling right next to the line of parked cars, or trying to stay in the middle in case anyone was backing?
How fast were you going?
Were the reverse lights on the other car working?
Usually, the person backing out has the greater duty to watch for oncoming traffic, but this doesn't mean negligence can't be applied to you. If you've got full coverage on your car, you might want to let your insurance company fight it out for you if the other driver's carrier doesn't accept liability.

Here are more answers and opinions from other FAQ Farmers:
Backing out of a parking lot there are two lanes one west and east. The East bound lane is for vehicles leaving the parking lot and the west lane is for enetring this parking area. There are arrow showing the flow of traffic. If vehicle A is backing out of a parking slot and barely pulls out before vehicle B stops behind him gets out stating that his car was hit. Vehicle B is now 30 inches from Vehicle A rear end in the west bound lane. Vehicle's A rear door is still inside parked slot. Now the vehicle B is now in the westbound lane heading east. There is no visual damage to Vehicle A or Vehicle B damage seems to be under the 1/4 panel on the driver side it can be felt by the hand. The driver of vehicle A believes the driver of Vehicle B to be at fault because it is in the wrong lane and this caused the collision. The driver of vehicle B maintains that anytime you are backing up, the vehicle backing up is at fault. Who has the right of way?

If you are driving in your parking lot, and someone is backing out of a parking spot.. then it's the person backing up who is at fault most likely. If he hit you from your left rear door and beyond then it's his fault. I just had an accident like this and someone backed into me. I am going to school now and going to show him the police report because he didn't write the right thing down and he wrote it was my fault, but he explained to me that day that he didn't yield, didn't look in his mirrors and so on.


Is there a way to trade in your car if you are upside-down on the car loan?

Answer 1:
you can but i would not. stick it out or sell it to someone but it looks like you are stuck because you r upsisde down
The business is in crisis right now, so you will be attacked and treated like the enemy more than ever before. You have to know the real WHOLESALE value of your vehicle with all the features, mileage and damage. Don't be unrealistic but don't be bullied either.
Then get on the Internet and find out what the car you wish to buy actually cost the dealer after they get manufacturers incentives etc. A good resource for this number is a local credit union or your insurance agent (if they have car loan resources). There are also many independant resources.
If your credit bears it, you can go to the dealership and lay out the deal. Don't allow the sales person to bully you with the "Four-square" plan. That is a lie. Every dime you put as a down payment is pure profit to them regardless of the deal. Regardless of the car or what you owe on your vehicle, there are two things to keep in mind. 1. You should pay no more than a total of $500.00 profit to the dealership. That is a fair ammount. 2. At the end of the deal, now you must decline ANY form of extended warranty. And you must also negotiate interest on the loan. The best way to do this is to get a letter of committment from your bank in your pocket with a good interest rate. then when you go to the dealership you can negotiate honestly and in confidence. They will make every effort to better the deal. Don't buy extra anything from them or they will bury you in extra charges.
I hope this helps.

Answer 2:
Try looking for dealers that offer cash-back incentives and rebates. You can ask them to apply all those amounts combined to what they will allow you for your car. If they want to make a sell, they'll work the numbers for you!

Answer 3:
I recently had to deal with this situation and YES, it is possible. You have to really work the dealers though...it is a long stressful process of negotiations but the fact remains, they want to make a sale!! There are ways around it by shopping at several dealers and let the dealers know that you are looking at other dealers. This will get them in the competition mode of wanting to beat their competetors. Look for rebates and special deals. A strong way to accompish what you want is to look for a new model that is a year old. You will get a new car with the new smell but with a larger rebate and lower price. Do your research and have an idea of what is a reasonable monthly payment that you can handle and then research the vehicle you want to get an idea of what extras you can afford and want included. One tip is to make a spreadsheet showing the price of any entertainment packages, equipment packages, DVD players, radio's, etc... that are available as options and determine how much each option will increase the price. This will help you know what you want and how much it should cost you.

Who is responsible for your credit card debt after your death?

Spouse or estate
If the spouse is still alive, he or she is still on the hook; otherwise, the estate must pay off the creditors.
The credit card company will first try to collect from the estate (assets will be sold to pay the bills). Then, if the account was a joint account, any survivors will be left holding the bag. If the debt belonged solely to the deceased, then the credit card company will end up eating the debt if there aren't enough assets to cover it.
Credit counselor agrees
I can confirm that the answer above is correct. I am a certified credit counselor and it is true that the credit card companies will try to collect from the estate first and if there is a co-signer, they will be responsible for the debt. However, if there is no estate to collect from the credit cards can not pursue collections from the family. They may try to get the family to pay the debt, but can not legally force them to. Simply mail a copy of the death certificate to the credit card company (certified mail) and they should take care of the rest.
Inheritance laws vary
Inheritance laws vary by state. If the state you live in (or the deceased lived in invokes "community family property" laws or "joint and several" provisions, heirs to an estate may be deemed responsible for the debts of a deceased person.
In most cases this has nothing to do with being a relative and everything to do with being an heir. The rationale is that anyone staking claim to the assets of an estate, should also be willing to accept its liabilities.
It depends
That would depend on if the person is the only account holder or if the person is married and lives in a community property state. When a person dies and is the only account holder, the person's debts and assets are generally handled by the state probate court. State laws govern what property is exempted from probate procedure and what is exempt. If the deceased was married and lived in a community property state, the surviving spouse is usually responsible for most debts regardless of who held the account.
Several possibilities
Your estate, your spouse, a cosigner.
** Well Actually, after a family member passes away **
Great Aunt died last January. A family member whom she had been staying with when she passed. Knowing that the past two mailings from them were returned, as well as knowing she had had a 0 balance before her death. Decided to place a call to the Creditor to stop the mailings. Upon opening the mailing to locate their phone number, discovered the Credit Card Company had billed her for February and March for their annual service charges of her credit card. And then also added late fees and interest on the monthly charge. The balance had been $0.00, At that time, was then somewhere around $90.00
Family Member: "I am calling to tell you that she died in January."
Bank: "The account was never closed and the late fees and charges still apply."
Family Member: Oh Ok, (thinking it should have been closed already)
Bank: "Since no payment has been made, it WILL be turned over to collections"
Family Member: "Maybe, you should turn it over to collections then."
Bank: "Sir, since it is two months past due, it already has been."
Family Member: So, what will they do when they find out she is dead?"
Bank: "Either report her account to the frauds division or report her to the credit bureau, maybe both!"
Family Member: "Do you think God will be mad at her?"
Bank: "Excuse me?"
Family Member: "Did you just get what I was telling you - the part about her being dead?"
Bank: "Sir, you'll have to speak to my supervisor."
Supervisor gets on the phone:
Family Member: "I'm calling to tell you, she died in January."
Bank: "Well Sir, the account was never closed and the late fees and charges still apply."
Family Member: "You mean you want to collect from her estate?"
Bank: (Stammer) "Are you her lawyer?"
Family Member: "No, I'm her great, great nephew."
Bank: "Could you fax us a certificate of death?"
Family Member: "Sure." Ask for the fax number to be given and sent it directly.
Placed on HOLD for 25 minutes. Even though our machine receipted them with having received the fax before even being put on hold already...
After they get the fax:
Bank: "Thank you for holding, Sir, our system just isn't set up for death. I don't know what more I can do to help you."
Family Member: "Well, if you figure it out, great! If not, you could just keep billing her. I don't think she will care."
Bank: "Well, the late fees and charges do still apply, So were going to need her new billing address."
Family Member: " "Name Witheld" Memorial Cemetery, Highway 129, Plot Number 001."
Bank: "Sir, that's a cemetery!"
Family Member: "What do you do with dead people on your planet
Bank: "click" (Hung Up The Phone)
That's What Really Happens

How do you find out if someone had a life insurance policy before they died?

Answer 1:
Check among all their important documents, the safety deposit box, call any and all agents or companies they may have done business with for auto and home insurance, investments, etirement planning, etc. Call the lawyer, the accountant etc. 4 lifeguild
See the Related Link for "Steve Shorr" to the bottom for the answer.
Here's are some tips:
First, check out WWW.POLICYLOCATOR.COM. They have a large database of insurance applicants available to the public and the cost is relatively cheap considering the value of what they might uncover. You will need to provide a death certificate and a notarized application - probably a good thing from a privacy perspective.
If that doesn't work try:
If the house and car were insured, start with the local agents who sold those policies. Insurance companies usually keep track of customer names and Social Security numbers.
If the policy was active, a premium notice eventually will come in the mail. Look for cancelled insurance checks.
Private firms specialize in finding lost life insurance for a fee. Search the Internet for "Life Benefits Search" or "Lost Life Insurance Finder."
Try this POLICY LOCATOR service from e-Services.
Introducing Policy Locator Service from e-Services Corporation
The quick, easy, cost effective way to help locate lost life insurance policies that may have been owned by a deceased spouse or family member. If you are an executor, a legally defined personal representative or next-of-kin, Policy Locator can maximize your opportunity to discover life insurance benefits you may not have realized existed.
The decedent's name is searched against our Policy Locator database.
It contains over 110 million records representing inquiries submitted on individually underwritten life insurance applications processed during the last nine years.
The data is collected by MIB, an insurance trade association who operates the industry's largest fraud detection service used by virtually every North American carrier in the underwriting of life insurance applications.
Application activity often leads to policies - matches against this database are immediately identified and returned to you. Policy Locator provides an efficient and effective alternative to labor intensive manual searches. Our extensive historical archives can trace paths from merged and acquired companies, revealing the identity of the newly named parent. And our industry-leading search technology produces the best possible results.
For $75 per search, you can put the industry's most powerful policy locating resource to work for you.
As an added value, we'll send along our "Policy Locator Research Primer" which provides you with an extensive list of additional due diligence hints and tips.
It Happens Every Day
Life insurance is often purchased to protect against loss of income, but policyholders commonly fail to inform the beneficiary(s) of the policy's existence. As a result, many policies go unclaimed based on long dormancy periods or lack of awareness. Insurance companies would like to distribute what is rightfully due, but the responsibility to claim benefits lies with the survivors. It is estimated that over $1 billion of insurance proceeds currently could be claimed by beneficiaries from North American insurance companies..
Check the bank account statements for egular withdrawls... it may be a few years back for 20 year pay policies. Do follow up from there. Check with family friends, sometime the owner might have discussed it with them.
Call the suspect companies and ask.
if you have the persons info and know what company he may have been insured with, you can call the insurance company claims department and ask. They will only tell you if he was insured and nothing more without evidence that you are privvy to that info. Also, call his insurance agent and ask.
Try the suggestions at these links

Answer 2:
You are gonna have to find the papers bc the company will want the policy number. You will also have to send a death certificate somewhere to collect.

Answer 3:
You will need to contact the insurance commissioner's office in the state she resided when she took the policy.


How do insurance companies define sports cars?

Insurance Definition of Sports Car
Here are opinions and answers from FAQ Farmers:

I think it all depends on the company. For instance, I drive a '94 T-Bird. Some companies say it's a sports car (with the V6? Yeah right), some luxury (almost passes as that), and some just as a plain old car.

I asked my insurance agent this very question. It depends how on the replacement cost of the auto and location.

They usually go by horsepower, stock and aftermarket modifications (i.e. turbo or superchargers), etc. They will usually know if you have a sportscar or not. You can also have a car classified as rare or collectable that you think might be a sportscar.

A key point here is TWO DOORS. If a car has two doors its almost always classified as a sports car no matter what. Also if the car is equipped with a manual transmission its also most likely a sports car.

I have a Firebird, 2 doors, manual and it's still not considered a sports car.

I have a 2 door 2004 Dodge Stratus SXT that is only a 4-cylinder but rated a 19 which is a sports car rating with high premiums.

How much does the cheapest car insurance cost?

Check out www.insurance.com

That really depends on your credit score, claims history, driving record, where you live, etc.

You can get up to four car insurance quotes in minutes from companies like Safeco, Unitrin Direct, MetLife, Travelers from some Web sites. But keep in mind, price is not everything. The cheapest may be the most expensive if you need it.

Tips to lower your car insurance cost
- Ask for a higher deductable
- Buy homeowners insurance from the same company
- Ask for discounts! For example, if you don't use your car often you could qualify for low mileage discounts.
- Shop around
- Check if your state has a Low Cost Automobile Insurance Program

How do you find insurance records from a previous owner of a car?

Insurance Records
Have you tried ordering copies of old checks you used to pay for the policy? That could be a first step. Or get credit card records if you paid via that method.

You could try contacting your state department of insurance and ask them what your state laws are for disclosure. Have you tried getting your records from both the agent on the carrier? Is the agent captive with the company? Basically try getting records from the agent if the carrier did not respond, or vice versa.

You may also have to complain to your state's dept of insurance to get action.

If you know the owner of the vehicle than you can probably order a CLUE report on them from ChoicePoint. Otherwise, CARFAX will usually list what accidents it has been in.

What is considered a preexisting condition?

Answer 1:
To me the answer is simple: Preexisting condition is whatever the insurance you are looking at says it is. There are some regulation
available nationwide but that is basically it. If you don't like the
definition given in the policy, you can buy another. More important
question seems to be: Say you have been denied coverage because
of pre-existing conditions. What to do next!? That of course is a whole new question. I have some ideas, so email me if you want to discuss.

Answer 2:
My personal opinion (I am trying to settle this issue in my own situation) is a pre-existing condition is one that you have knowledge of. It could be quite possible to have prostate cancer and not know about it because it is slow growing.

On the question about changing policies. The key is to go from one GROUP policy to another GROUP policy. If you go to an individual policy you get hit with pre-existing condition requirements. The HIPPA law takes care of you group to group but not individual policies.

Answer 3:
A pre-existing condition is an active condition that has been treated within the last year to five years (depending on the condition) **** and there is a gap in medical insurance. So if you were diagnosed with some disease eleven years ago, but have not been treated for five years, even with a gap in insurance, you do not have a pre-existing condition.

Answer 4:
When insurance companies refer to pre-existing conditions what they are talking about is any serious, irreversible and/or terminal illness that won't go away and will cost them hundreds of thousands of dollars increasing toward the end of the insured's life. Examples include Advanced Emphyseyma/COPD, Major Cancers, Viral Cardiomyopathy, Massive heart damage or having been installed a pacemaker, AIDS, viral menengitis, Type A Diabetes, cirrhosis of the liver, or Acute Asthma in patients older than age 65. Almost any type of serious brain abnormality such as an AVM, Chronic Brain Tumors regardlesss if it is mallignant, benign, or terminated will almost always constitute a pre-existing condition, naturally.

Unfortunately in the last several years any and all of your decent health insurance companies will not even talk to you if there's any reason to believe you're suffering from or a substantial candidate for these diseases. In fact Blue Cross Blue Sheild's direct application has a list of most of the above diseases on the front with little check boxes and says if any are checked STOP HERE.

Answer 5:
A pre-existing condition is any condition that you are currently being treated for. If you already have prior insurance and wish to change then the pre-exisiting condition rule does not apply. If you are without insurance then you are either put on a waiting period or the company will exclude any type of coverage for that condition. Unless, your going on group, then most insurance companies have to take you on their plan. It all depends on what state you live in and what rules apply. Check with your insurance agent or contact an insurance broker.

Answer 6:
There are really TWO parts to this question.
1. Will you get coverage in the FIRST place.
2. If you do get coverage will the condition be excluded forever or for a period of time.

Answer 7:
It depends if you belong to an employer group or as an individual.
If an employer group of 2 or more in California, you are guaranteed to get coverage under AB 1672 - Insurance Code 10700 etc.
As an Individual, you can get the Major Risk Plan.
As far as the definition of pre-x goes you really have to look at the specific policy and the specific application you are filling out.
When filling out an application - be honest and read the question. Ask your agent what the company underwriting guidelines are to see if you have a chance to get coverage.
If you've been on a group plan, then your entitled to COBRA and HIPAA.

Answer :
From About.com.
Pre-existing conditions can vary between plans from being excluded to being covered fully and sometimes somewhere in-between like being covered after a specific amount of time. The Health Insurance Portability and Accountability Act ensures coverage for pre-existing conditions if you are joining a new group plan from your employer and you were insured the previous twelve months


What are the cheapest autos to insure?

Cheapest Cars to Insure
The top ten cheapest cars to insure, regardless of who you are:

# Buick LeSabre
# Oldsmobile Silhouette
# Honda Odyssey
# Buick Park Avenue
# Pontiac Montana
# Mercury Grand Marquis
# Buick Century
# Chevrolet Venture
# GMC Safari
# Oldsmobile Bravada
The insurers go by credit scoring, loss avergaes, etc. not just by the car you drive, of course.

Answer :
For liability only, it depends mostly on the driver an possibly a little bit on how much damage the car will do. (motorcycles cheap, SUV's expensive)

For full coverage it is a combination of how much it usually cost to repair it and how likely it will be to get in an at fault accident.

cadilacs are expensive to repair, fords are inexpensive

volvos are driven responsibly, mustangs are always getting to wrecks.

The cheapest to insure will be a sensible, afordable, small sedan with the most safety features and the cheapest engine, trim, features etc..

hope it helps

Will a speeding ticket from another state affect your auto insurance?

Tickets in Other States
In general most US states belong to the Nonresident Violator Compact of 1977. This means that speeding tickets received out of your home state will be reported back to your home state and included on your record for drivers license and insurance points.

However there are certain states that do not put out of state traffic tickets on your record and others that will only enter speeding tickets that are over a certain mph above the speed limit.

Kansas, Wyoming, Minnesota, Arizona, Iowa, and South Dakota will not put a speeding ticket on record unless it is 10 or more mph over the limit. Georgia will not enter speeding tickets unless they are more than 14 mph over the limit. New York and Colorado will not enter out of state speeding tickets at all unless they are serious violations like reckless. Michigan also has special rules about out of state tickets.

You need to check with your own Department of Motor Vehicles to determine the regulations in your state. You obviously have recognized the importance of keeping any traffic violation off your record. Even one minor speeding ticket could increase your insurance premiums by as much as 25% for three years.

You should never just pay a speeding ticket. There are usually avenues available to keep the citation off your record or to reduce its impact on your insurance costs.

More input:

According to the DMVS web site license suspension occurs if you accumulate 15 points within 24 months, including violations committed out of state. So you should expect points on your record.

I once received a speeding ticket in the state of Virginia while living in North Carolina for 78 in a 55. I never saw any increase in my insurance and the ticket was never reported. I have learned that some states do not recoginze tickets from other states. I also have a cousin who had 4 speeding tickets and a moving violation (wrong way down a one way street) and his insurance was never affected either.

Of course it will (usually). A ticket is a ticket. It doesn't matter if it happened in Georgia or in California. The person getting a ticket decided to act on their deliberate risk-taking behavior (by speeding or driving drunk, etc). That's how your insurance company will view the ticket. The only thing that may help you is if the state you got your ticket in doesn't share information (like a MVR) with the state you hold your license in. But remember, if you decide to switch insurance companies and you tell the agent about that ticket in another state, even if it doesn't show up on your MVR, you'll be surcharged for that ticket (if the agent is ethical).

Most likely, though it depends on the reciprocity laws between the states (ie, does your state share information with other states?). Also, your insurance carrier likely has resources to do a search for traffic tickets, etc. So, you can wait until your carrier eventually finds it (and possibly backdates your premium payment), or fess up to them now. One way or the other, they're likely going to find it.

Under the DLC (Drivers Liscense compact), each state is required to report a conviction of a traffic violation that occurred within its jurisdiction to the licensing authority of the motorist's home state. Upon receiving report of a conviction of a violation, the states must take appropriate action (for example suspension, revocation or limitation of driving privileges). Every state is a member of the DLC except Georgia, Kentucky, Massachusetts, Michigan, and Wisconsin. Unless the out of state infraction happened in one of these five states, chances are it WILL be reported to your home DMV!

I am 17 years old and i got caught doing 50 in a 35 and less than a week later 60 in a 45 how much do you think my tickets will cost and do think i wi

Answer 1:
I got one in a 45 zone and was sited for 56 mph. The bill came in at $140. An additional $30 fee if I want to go to traffic school to erase the point. Traffic school is another fee and depends on the school. I found one for $24 and is an online course.

Answer 2:
I just received a ticket in San Diego, California for going 84 in a 65...$273.00 bail, $24.95 traffic school; total = $297.95.

Answer 3:
I got stopped doing 85 in a 65 zone on the 101. Total ticket was $213.84.

Answer 4:
I just a got a Ticket Speeding Ticket off of San Diego, between El Centro and Yuma , the officer clocked me at 92MPH, yet you only put me down for 85 on a 70zone. Ok so I calculated the 86 and the 65 = 273. Which is 21miles over the speed limit, which in 13 dollars per those 21 miles = 273. SO in my Case I was recorded for 15 miles over the Speed limit so I will probably pay about $195 plus $20 -$30, for traffic school. I can pay it, and also do the traffic school , and will not get reported, and must not get another speeding ticket , for the next 18 months otherwise is goes on your record. Am I correct.

Answer 5:
I was on I-15, west bound just 20minutes outside of Baker,CA.... I'm not use to the Mountain driving, I saw the trooper ahead, eased on my brakes, as I was about to pass him, I was doing 95. It was stupid I know, but he did indeed write me up for 90+ in a 70. I was told it would be around $250 per the officer. Another thing, maybe I should fly back out to Cali, he put my temporary (not legal) Michigan address on the ticket, city of Ann Arbor (Michigan), but acknowledged it as in the State of Florida (my drivers license).....I may have a case

Answer 6:
i got a ticket on the I 10 for going 110 in a 70 zone, was told it would be around $600. let you know in 3 weeks. COST ME 420$ AND A MONTH SUSPENSION ON LICENSE AND 2 POINTS ON RECORD. IF YOU GET A JUDGE PRO TEM, REQUEST A REGULAR JUDGE--------- TRUST ME!

Answer 7:
A 91 ticket in a 65 zone on the 395 N just south of Bishop, CA slapped me for exactly $350.

Answer 8:
Out of Staters, from: http://www.inyocourt.ca.gov/

"Vehicle Code Section 40902 allows a defendant to contest citations in writing, without having to make a personal court appearance. This procedure is called a "trial by declaration." Trial by written declaration are available in cases involving infraction violations of the Vehicle Code or of local ordinances adopted under the Vehicle Code."

I'm not sure if this is a regional vehicle code, or a state code. But definitely worth investigating.

Answer 9:
just a few nights ago i got a speeding ticket going uphill for doing 72 in a 45 in Torrance Cali on Hawthorne blv. luckily since it was really late at night and no-one was around he didn't get me for reckless driving. im fearing the total outcome to be over 500 but from the sound of things i may not have to worry too much. we'll see

Answer 10:
Well if you are smart you will get a traffic court attorney. I got 2 tickets one week apart FROM THE SAME COP! Well they were 45 in a 30 and 42 in a 30. yeah, same road and yes, same spot. Well the cop told me they would be around 225 each plus court fees and insurance premium raise. And I got an attorney for 200 each ticket. so I only paid 400, so....better look into it. you don't have to go to court and you don't have the hassle of nothing else

Answer 11:
I was going 45MPH in a 25MPH zone and my bail was 846.00!

Answer 12:
I got a 97mph on a 65 mph on South I-15 entering Escondido, how much will the citation be.? plus i also got cited for front side tinted windows and my license plate missing from my front bumper, but those were fix it tickets so i fixed them

isn't speeding fun.
"I was going 45MPH in a 25MPH zone and my bail was 846.00!"

I wonder why it was so much.

I got one for doing 80 in a 65 zone on the 405, the cop wouldn't even give me an estimate. I read somewhere it would be $370 or more...but after this I hope it's less, I'm not exactly Bill Gates. Thank Jesus for cheap online traffic school. It's almost been two weeks, I'll update on the cost when I get the letter in the mail. But let me get this right:

When I choose to go to traffic school, I don't have to go to court (or do I still need to?), my ticket will be dismissed, and my insurance costs won't go up, right?

.edit $114.00 for bail...$39.00 more for traffic school, but I still have to pay for enrollment of a traffic school, which I don't really understand, but hey, it's a lot less than I imagined.

speeding too
I got a ticket yesterday (holiday) for going 92 in a 65 (on hwy65 near Marysville). I have no idea how much this will cost, but I'm hearing that if the speed is 25+ more than the speed limit that you can NOT take traffic school. I don't know how accurate this info is. Also, from the same friend, I heard that if I fill out a "trial by written declaration" form that I don't have to go all the way out there for court, and can plead not guilty. If the judge decides that I am guilty, then I can also ask to have traffic school as an option. I guess the court can override that 25mph limit on traffic school...

Has anyone ever done something like this?

I have no idea what to expect for a ticket like this. I'm just glad my front windows were both down (dark tint), and he didn't go towards the front of my car (no front plate). I was really going about 140, but the cop couldn't get me with his radar 'til I slowed down a bit. I know it's near the end of the month (near quota time), and it was a holiday weekend - I shouldn't have been going that fast anyway. Following boats and RVs on a one lane highway sucks - DON'T GO TOO FAST!!!

Answer 13:
I've only been caught once, going 106 in a 65. Too bad he didn't get me on his radar. DON'T BE FOOLED BY THE COPS!! The new radars they have these days, automatically print out tickets for speeding, If they say you were going (whatever speed) so fast, request to see proof. If they really caught you, they will have a printed ticket in hand. Otherwise they are lying.

I got let off with a warning :)

Answer 14:

I-395 going north 10 miles south of Bishop. Doing 105 mph in 65 mph limit. Clear highway. No traffic in both directions. $416. Traffic School Denied. Ouch!

How much do rates go up after an accident?

Answer 1:
I just had an accident and I have Allstate insurance. I'm fighting the citation I got so I have no points as of yet, but they raised my rate approx. 30%. I was told that they did not raise my rate, but because they had to pay off my car I lost my Good Driver Discount. So they don't admit to raising your rate , only taking away your Discount!! Hope I was of help.

Answer 2:
As a 25 yr Ins. Agent with the largest auto insurer in the U.S., I believe I can speak with some authority.

With my company...if the accident is your fault AND we pay over $750 (in Indiana) you will get a 10% increase in your premium (or lose 10% of your accident free discount) for the first accident.

If you have been with us 10 yrs or more...the first accident will be forgiven (ignored).

The surcharge stays for 3 yrs and then drops off. If you have a second or third chargeable accident while the first is still there....a second larger surcharge is given. For a third accident and even larger surcharge is added. Each will stay on for 3 yrs and then drop off.

Other companies use different formulas and amounts. Some remove your good driver discount even if you are NOT at fault.

The correct answer is "it depends on what company you are with"

How much money do you get if your car is totaled?

Answer 1:
Never what you owe or what it will cost you to replace it. So the answer to the problem is GAP insurance! Small amount to pay for peace of mind that pays you the difference between loan/cost and adjusters appraisals, (which start at the bottom, wholesale)The haggling is what the adjuster is paid to do, not to be fair, but to save the insurance company the most they can, they are not your pals! Wife rear ended, she's ok totalled car retail $20,000, offered $15,500

Answer 2:
You should get ACV (actual cash value)

Do your homework before settling with the adjuster. Check newspaper ads, dealers etc., to see what a car like yours, similar condition and like mileage is worth in your area. Have 3 or 4 bona-fide local examples to take with you and show the adjuster.

A new car should not be a problem unless you have over-financed.

Some folks borrow more than the vehicle is worth to pay off an old one and you are what is termed to be "upside-down", meaning you owe more on the vehicle than its worth. If this is your situation and the car is totalled, you will be paid off the value of the vehicle but not what you over-financed.

Answer 3:
Having been in this situation in WVa, the insurance people have a standrd which is used. Usually it involves the the NADA book value. The low value - a certain amount if the the engine milege is 100,000 or more = settlement. My experiance was not good as I did not receive enough to pay the vehicle loan principle, even though the loan was for less that the purchase price.

Answer 4:
Ok. So I have just been told by the Claims Agent that my car it totaled. In my case to repair the damage would cost $3500. The value of my vehicle was only $4200. If it cost more than 70% of the total car value to fix, it is considered totaled.

So now I have two things to do. 1)Check the value of my car for myself. 2) Locate what it would cost to replace my exact car in the market today.

For the first item I will use these three websites and take the best results to use as a basis for determining what I will expect to get paid from my Insurance Agency. www.kbb.com, www.edmunds.com, and www.nada.com. Be sure to include your milage and all your vehicle features before caculating a price with these sites. Also, always use the RETAIL price that they generate because that is what you will have to pay to replace your car in the open market.

The second item takes a little more leg work. But thankfully for the internet this process is now a lot easier. Use the website www.autotrader.com. This will allow you to locate your specific car to see what people are actually selling it for. Most often is will be selling for more money than what your first step revealed.

Note: If you are having trouble locating a vehicle within 200 miles of where you live, then try and find a similar replacement vehicle you are interested and use that as your leverage.

I have been told that by law, your insurance company is only require to pay out the wholesale price of the vehicle. This is usually at least half of what the blue book value is. So don't get your insurance company mad at you, but also stick to your guns when trying to get more money to replace or fix your vehicle!