by Enlirtylymn » Tue Apr 24, 2012 09:01 pm
Purchased 2003 Ford explorer from U.S. Marshalls office. Was given no title only bill of sale. Car was not to be sold whole but could be parted out and sold. I was moving car to another location a few blocks away. with my RT plates and insurance, car was hit. Insurance co acknowledges their insured was at fault but won't pay because I don't have title. They totalled the car.What can I do? I can't even sell most of the parts from this vehicle now.
Posted: Wed Apr 25, 2012 04:09 am Post Subject:
I think you stated that the car could not be sold whole but it was by the US Marshal's office. Are you saying that they committed an illegal act? Have you brought this to their attention? have you asked them for the title? Have you spoken to the DMV about getting a title with the bill of sale?
Posted: Wed Apr 25, 2012 07:07 pm Post Subject:
but it was by the US Marshal's office. Are you saying that they committed an illegal act?
tcope, this was probably a sale of a seized asset, and as a condition of the sale, the vehicle needed to be dismantled, after which it could be sold.
Having a bill of sale is proof of insurable interest. But that's only required if the OP wants to obtain insurance on the property. This is not a matter of insurable interest, and it's not a matter of having title to the property. A "Bill of Sale" is evidence of ownership and the insurance company is not acting in accordance with the Fair Claims Practices Act.
Their insured committed a tort, and they owe their insured the benefit of the contract. All the OP needs to do is file an action in small claims or superior court against the driver of the vehicle that caused the collision, and the owner of that vehicle, if someone else. Depending on the value of the loss -- since the vehicle was going to be dismantled anyway, only the parts that cannot be salvaged and resold represent the loss in this instance -- so I would think that the loss is probably a matter for the small claims court.
If the OP wins their lawsuit, the insurance company will have to pay, or they could face a "bad faith" litigation.
So to Enlirtlylymn, file a lawsuit now against the responsible party(ies). When you win your case, you will have the right to collect your damages from the insurer that once refused to pay.
Posted: Wed Apr 25, 2012 08:07 pm Post Subject: Seized vehicle
MaxHerr,
Finally someone who understands. I offered to buy back or keep vehicle but they are still insisting on title. They have been dragging their heels since middle of January.
Title issue is just latest in their reasons for not wanting to pay.
Posted: Wed Apr 25, 2012 08:27 pm Post Subject:
File a complaint against the insurance company with your state's Dept of Insurance under the heading, unfair claims practices, and file a small claims suit against the at fault driver/owner of the vehicle for the value of your loss.
Posted: Wed Apr 25, 2012 09:19 pm Post Subject:
Max, so I can steal your vehicle, write out a bill of sale and I now own it? How about the OP driving his friends car, filling out a bill of sale... now he collects even though he does not own the vehicle. If the OP wants to Sue and a judge says the bill of sale is good enough, great for the insurance company. Now they have a court ruling stating this.
The OP should be able to produce enough info to the carrier to collect. Get a copy of the current title and have it changed. The OP put himself/herself into this position by driving a car that was not legal to drive.
Posted: Thu Apr 26, 2012 04:16 am Post Subject:
Max, so I can steal your vehicle, write out a bill of sale and I now own it?
You raise a good point. But the sale of a forfeited asset by a law enforcement agency is in a slightly different category. That bill of sale CAN be used to obtain title.
Apparently, however, the restriction imposed on the sale of the vehicle in question was that it must be salvaged. Don't know why. As far as the insurance company is concerned, the US Marshal's Bill of Sale should be sufficient to establish the insurable interest or ownership issue. I fail to see the need for a salvage title certificate in order to salvage the vehicle. But, if that's what it takes, so be it.
The OP put himself/herself into this position by driving a car that was not legal to drive.
You may be making a leap of judgment here. The OP said the vehicle was being "moved". To me, that meant "was being towed" and was run into. There is likely no denying the at-fault party's liability, so why the insurance company is playing games makes no sense. They should simply pay the claim and be done with it. If they need to validate the Bill of Sale, they can contact the US Marshal's office.
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