Need some insurance / legal advice...
03-06-2009 | 03:38 PM
#1
Need some insurance / legal advice... We are dealing with a crappy situation and Im looking for some advice on how to go about this. A few months ago, the car was in an accident, police report filed, and all fault was attributed to the other party. Farmers insurance decided to repair it instead of totaling it out. So, after getting the car back , and insuring it with another company (nationwide) , we find out that Farmers insurance has issued a salvage title on the car without telling us. Nationwide now will not insure the car with that title. In the meantime, Wells Fargo is going to start charging us insurance fees on the car since we cant show proof of insurance with Nationwide and we have to have the car insured with Wells Fargo holding the lein.
So what are the options? We are getting the run around in every direction!
Any advice would help.
Are titles able to be changes from Salvage back to clear in a case like this?
So what are the options? We are getting the run around in every direction!
Any advice would help.
Are titles able to be changes from Salvage back to clear in a case like this?
03-07-2009 | 11:10 AM
#4
TECH Enthusiast
Joined: Aug 2006
Posts: 502
Likes: 1
If you signed anything accepting their offer to repair the vehicle.....
You don't have a leg to stand on.
If the case you are stating is what happened, the insurance company didn't take title of the vehicle, they simply reported everything to the state and the state issued the salvage title.
Please see Texas Transportation Code Chapter 501:
And this:
Sorry about that. But, looks like this was all perfectly legal.
You don't have a leg to stand on.
If the case you are stating is what happened, the insurance company didn't take title of the vehicle, they simply reported everything to the state and the state issued the salvage title.
Please see Texas Transportation Code Chapter 501:
Sec. 501.093. INSURANCE COMPANY REPORT ON CERTAIN VEHICLES. (a) If an insurance company pays a claim on a nonrepairable motor vehicle or salvage motor vehicle and the insurance company does not acquire ownership of the motor vehicle, the insurance company shall submit to the department, before the 31st day after the date of the payment of the claim, on the form prescribed by the department, a report stating that the insurance company:
(1) has paid a claim on the motor vehicle; and
(2) has not acquired ownership of the motor vehicle.
(b) The owner of a motor vehicle to which this section applies may not operate or permit operation of the motor vehicle on a public highway or transfer ownership of the motor vehicle by sale or otherwise unless the department has issued a salvage vehicle title or a nonrepairable vehicle title for the motor vehicle or a comparable ownership document has been issued by another state or jurisdiction for the motor vehicle.
(c) Subsection (b) does not apply if:
(1) the department has issued a nonrepairable vehicle title or salvage vehicle title for the motor vehicle; or
(2) another state or jurisdiction has issued a comparable out-of-state ownership document for the motor vehicle.
(1) has paid a claim on the motor vehicle; and
(2) has not acquired ownership of the motor vehicle.
(b) The owner of a motor vehicle to which this section applies may not operate or permit operation of the motor vehicle on a public highway or transfer ownership of the motor vehicle by sale or otherwise unless the department has issued a salvage vehicle title or a nonrepairable vehicle title for the motor vehicle or a comparable ownership document has been issued by another state or jurisdiction for the motor vehicle.
(c) Subsection (b) does not apply if:
(1) the department has issued a nonrepairable vehicle title or salvage vehicle title for the motor vehicle; or
(2) another state or jurisdiction has issued a comparable out-of-state ownership document for the motor vehicle.
Sec. 501.097. APPLICATION FOR NONREPAIRABLE VEHICLE TITLE OR SALVAGE VEHICLE TITLE. (a) An application for a nonrepairable vehicle title or salvage vehicle title must:
(1) be made on a form prescribed by the department and accompanied by a $8 application fee;
(2) include, in addition to any other information required by the department:
(A) the name and current address of the owner;
(B) a description of the motor vehicle, including the make, style of body, model year, and vehicle identification number; and
(C) a statement describing whether the motor vehicle:
(i) was the subject of a total loss claim paid by an insurance company under Section 501.092 or 501.093;
(ii) is a self-insured motor vehicle under Section 501.094;
(iii) is an export-only motor vehicle under Section 501.099; or
(iv) was sold, transferred, or released to the owner or former owner of the motor vehicle or a buyer at a casual sale; and
(3) include the name and address of:
(A) any currently recorded lienholder, if the motor vehicle is a nonrepairable motor vehicle; or
(B) any currently recorded lienholder or a new lienholder, if the motor vehicle is a salvage motor vehicle.
(b) On receipt of a complete application, the properly assigned title or manufacturer's certificate of origin and the application fee, the department shall, before the sixth business day after the date the department receives the application, issue the applicant the appropriate title for the motor vehicle.
(c) A nonrepairable vehicle title must state on its face that the motor vehicle:
(1) may not:
(A) be repaired, rebuilt, or reconstructed;
(B) be issued a regular certificate of title or registered in this state;
(C) be operated on a public highway, in addition to any other requirement of law; and
(2) may only be used as a source for used parts or scrap metal.
(d) The fee collected under Subsection (a)(1) shall be credited to the state highway fund to defray the costs of administering this subchapter and the costs to the department for issuing the title.
(1) be made on a form prescribed by the department and accompanied by a $8 application fee;
(2) include, in addition to any other information required by the department:
(A) the name and current address of the owner;
(B) a description of the motor vehicle, including the make, style of body, model year, and vehicle identification number; and
(C) a statement describing whether the motor vehicle:
(i) was the subject of a total loss claim paid by an insurance company under Section 501.092 or 501.093;
(ii) is a self-insured motor vehicle under Section 501.094;
(iii) is an export-only motor vehicle under Section 501.099; or
(iv) was sold, transferred, or released to the owner or former owner of the motor vehicle or a buyer at a casual sale; and
(3) include the name and address of:
(A) any currently recorded lienholder, if the motor vehicle is a nonrepairable motor vehicle; or
(B) any currently recorded lienholder or a new lienholder, if the motor vehicle is a salvage motor vehicle.
(b) On receipt of a complete application, the properly assigned title or manufacturer's certificate of origin and the application fee, the department shall, before the sixth business day after the date the department receives the application, issue the applicant the appropriate title for the motor vehicle.
(c) A nonrepairable vehicle title must state on its face that the motor vehicle:
(1) may not:
(A) be repaired, rebuilt, or reconstructed;
(B) be issued a regular certificate of title or registered in this state;
(C) be operated on a public highway, in addition to any other requirement of law; and
(2) may only be used as a source for used parts or scrap metal.
(d) The fee collected under Subsection (a)(1) shall be credited to the state highway fund to defray the costs of administering this subchapter and the costs to the department for issuing the title.
