date of ownership

[whyareyou]

Ok, I've got a weird one and I'm just trying to find out how it would be looked at legally.

I went in to buy a car on 12/29. We completed a sales contract. No down, 100% Financing.

Now, my wife and I got our lines crossed and neither called to alert our insurance company. (per them, we have 14 days to notify them).

Now on January 26, we get a call from the dealership that the guy who did our paperwork messed it all up and could we come in to redo things.

While there, we filed out a form rescinding the former sales contract and instituting a new one dated January 26. No back dating was done. Also, the financing never was processed because of the errors and it was redone as well. (all financing documents show January as the financing date).

4 days later I have an accident. After realizing the problem, we (being overly forthwright) explained the situation to our insurance company. They are now debating whether to deny the claim based on the failure to notify within 14 days of the original purchase.

So how do you determine the date of ownership?

 

[seniorjudge]

You've been hoodwinked by the dealership.

However, in this case, it may have helped you since you didn't really own it until the second deal.

And there should be paperwork to back you up.

 

[whyareyou]

Wow, thanks for the quick response.

I've given the insurance company the new sales contract, the recision document for the old sales contract as well as the financing document with the new dates.

The insuramnce company just appears to be dragging their feet. They say that they spoke with the dealership and the dealership considers it a december sale and that's what they're trying to work out.

I'm just trying to make sure I have a leg to stand on if it gets denied.

Thanks for the info.

 

[seniorjudge]

As I said, there should be documents showing a January transfer of ownership.

That should govern.

(I could be wrong, though: Hey, I thought OJ was guilty!)

 

[whyareyou]

Well, I just got the call with the denial.

They are stating that the car is registered to me and Toyota as of December.

The problem I have is the lein holder is a different company. So, I believe it to be the registration to be in error as well. My guess is this will be where the decision will be made. I explained my stance.

Their response-- "Suck it" (I'm paraphrasing) So, off we go in to the mess. I've opend a case with the State Dept. of insurance. For what it's worth the analyst seemed to think I had a legitimate arguement.

Thanks again for the info.