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Insurance salvaged car

Discussion in 'Auto Accidents, Injuries' started by Erin J Brown, Nov 17, 2018.

  1. Erin J Brown

    Erin J Brown Law Topic Starter New Member

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    Jurisdiction:
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    To make a long story short. A man hit the driver side of our car trying to pull into a parking lot we didn't call the police but we exchanged information. We did not have insurance. It has been a few weeks and the insurance company said they have not been able to get in touch with the man to get his side of the story. We obtained a lawyer. We we're looking to sell our car so we can buy another and found out that the guys insurance company salvaged our car! But they have even acknowledged the accident Is their fault. Is there something I can do about this since they salvaged our car without our knowledge and they won't pay us for the value of the car.
     
  2. army judge

    army judge Super Moderator

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    From what i understand, your automobile was struck by another automobile.

    You have no insurance coverage, or at least, no collision coverage.

    You also failed to call the police to memorialize the event.

    How did the other party's insurance company obtain possession of YOUR car?

    If you want the car back in YOUR possession, I suppose you might call the insurance company adjuster and ask him/her why your car is being salvaged without you being compensated for your loss?
     
  3. Erin J Brown

    Erin J Brown Law Topic Starter New Member

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    I apologize I worded it incorrectly. We still have the car in but they labeled our car a total loss. Can they lable our car a total loss without paying for it and taking the car? Our car now has a salvaged title which is going to make it extremely difficult to sell. And they are still saying they are investigating the accident.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    The other driver's adjuster found your car to be a total loss.

    Now your car has a salvage title but you still have the car.

    What happened in between those two sentences? What conversations have you had with the adjuster? There is something missing from all this. Explain chronologically everything that happened since the day of the accident, using phrases like "I did this" "They did that" "I said this" "They said that" "I sent them this." "They sent me that" You get the idea. Include dates for everything.
     
  5. army judge

    army judge Super Moderator

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    How much money did the insurance company pay you?

    What insurance company documents have you signed so far?

    My guess is you've been compensated for your loss, and allowed to keep the car wit a salvage title.

    If that is true, the insurance company has had its way with you, and moved on with another sweet, innocent, honey!
     
  6. Erin J Brown

    Erin J Brown Law Topic Starter New Member

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    The insurance company has not paid me a dime and they said they are still investigating the case. The only reason I found out that the car was salvaged is because someone brung it to my attention as I was trying to sell it. Is it legal for them to declare my car a total loss without even claiming responsibility? They said they cant do anything until they speak with the driver who hit us but if that's the case why did you declare my car a total loss.
     
  7. army judge

    army judge Super Moderator

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    I can only INFER from what you've posted.

    Did your car have a "salvage title" before the collision?

    If so, that has nothing to do with the collision or the insurance company.

    The decision to issue a "salvage title" was made by a state agency.

    You may have bought the car from someone NOT knowing it was a salvage auto, if that was the case, that is on you.

    The insurance company represents their insured.

    You have no relationship with the insurance company.

    If you don't wish to wait oir deal with the insurance company, you can sue the other driver in small claims court.

    However, that process isn't instant, either.

    Any delay you're experiencing is because you chose NOT to buy collision insurance to protect your vehicle.

    Was your car NOT insured at all with the state minimum?
     
  8. Erin J Brown

    Erin J Brown Law Topic Starter New Member

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    I was in the accident on 10/27 it was 9:30 am and drizzling and it was me my husband and two kids and the driver looked as if he had been in an a fight because one of his eyes were swollen and he said he couldn't see us which is why he hit us. It was a two way street opposite traffic going either way and we were not at an intersection it was a convenient store that he tried to make a left turn into and he it the driver side of the door. I had just been told of a family loss about three mins before he hit us so I was not thinking clearly at the time to take pictures of his face. We got the mans information he was apologetic and took some pictures of the car but did not call the police since my husbands father told him we don't have to since no one was hurt(bad decision) I mad a claim that day. I contacted the insurance again about two days later and was told they had not heard from the man who caused the accident. After a week they sent and adjuster to look at the car and the adjuster advised my husband it would be a total loss if the insurance claimed responsibility. Our claim rep advised me that they could not do anything until they heard from their driver so it would be a waiting game. We did not have insurance so we could not obtain a rental or fix the damages. We hired a lawyer who advised us that we could sell our car while he was working on the case and we could get paid the difference for what we sold the car once the case was settled. Last week we tried to sell the car and someone told us that our car was listed as a total loss from the insurance company. My lawyer reached out to them and they tried to ignore the question stating that nothing can be done until they complete their investigation and they hear from the driver. They sent us a letter stating that the case was under investigation and they had not taken responsibility. I want to know if this is legal? I cannot sell my car for anything close to what its worth since they salvaged my title and they have not even come close to accepting responsibility.My lawyer said he's waiting for them to let him know if their responsible and there is nothing I can do about them salvaging my title without my permission or knowledge. Help!!!!
     
  9. Erin J Brown

    Erin J Brown Law Topic Starter New Member

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    The car had a clean title when I purchased it from the dealer and had never been in an accident. The Carfax report said that it was a total loss listed by an insurance company and had the date of the accident on it. I was in the process of selling my car before the accident and did not have insurance.
     
  10. army judge

    army judge Super Moderator

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    You need to discuss anything and everything about the collision with your lawyer.

    Your lawyer knows more than any strangers could ever know about your case, sorry.
     
  11. adjusterjack

    adjusterjack Super Moderator

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    Someone told you?

    Did you verify that with the DMV?

    That the insurance company reported the claim to NMVTS (National Motor Vehicle Title Information System) is likely automatic once the damage is assessed and that's how it ends up on things like Carfax.

    It's legal. The other driver's insurance company's obligation is to it's insured, not you.

    It would be more accurate to say that you cannot sell your car for anything close to what it's worth because it's been wrecked. Even if the wreck hadn't been reported, people looking at your car would see all the damage and lowball you anyway.

    You basically have two options. Sell the car for what you can get and wait for the insurance company's decision or keep the car and wait for the insurance company's decision.
     

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