r/legaladvice•
Daymanwoaah

(CA) I was in a car accident in my leased vehicle and BMW is keeping the excess insurance payout

Contracts

Location: California

I was in an accident and my car is deemed a total loss.

My car insurance has deemed my total claim at $37k.

I called the BMW insurance line and asked what the total loss/payout amount for my car was.

Initially I was told $29k.

After hearing that I let them know Geico's claim total was higher than that and asked what happened to the excess.

I was given the run around, was told they can't answer that because "we don't even have your car as a total loss in our system yet and have to wait until Geico calls us," and repeatedly told they can't answer to me and can only answer to my insurance.

They even said the total loss/payout amount they shared earlier "doesn't count anymore."

I asked them how this is handled historically. Met with the same answer.

Finally I asked to speak with a manager so I could understand the policy around excess insurance payments.

I was told by the manager that they keep it because they own the car.

Immediately I got an email saying that they are terminating my lease because my car was deemed a total loss.

Which directly contradicts what the representatives repeatedly told me on the phone-- I was told they couldn't do anything or answer anything until Geico called them.

My lease included gap payments FWIW.

I get that they owned the car but no where in my lease is there any language around them keeping surplus insurance payments.

It seems shady that:

a) they couldn't answer a simple question regarding policy without officially hearing from my insurance yet can terminate my lease without hearing from them

b) they gave me an official payout amount that was lower than the claim total and it seems peculiar for them to be entitled to the surplus

Is there anything I can do here?

Posted Aug 21, 2026, 2:24 AM UTC

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