NEED HELP! Salvaged car, owned by insurance company, cannot sell.

[adjusterjack]

It is still theft, the exact definition escapes me at the moment. Theft by false pretenses, voluntary parting? Can't recall exactly which it would fall under by it is theft through fraud.

Nope. Not theft. The Auto Dealer's Policy Form has the following exclusion:

False Pretense
We will not pay for "loss" to a covered "auto" caused by or resulting from
(1) Someone causing you to foluntarily part with it by trick or scheme or under false pretenses; or
(2) Your acquiring an "auto" from a seller who did not have legal title.

"Theft" is a Named Peril that is covered by the policy.

There is a specific False Pretense Coverage part that can be purchased as an option.

What happened to OP is decidedly not "theft."

Let's see if he comes back and tells us if he bought the False Pretense Coverage.

 

[adjusterjack]

OP said the vehicle number comes back with state farm's name. Couldd that mean that State Farm had not yet actually sold the vehicle as salvage at some monthly or quarterly auction of their vehicles-so that in essence the vehicle was stolen from State Farm and/or State Farm's custodian salvage yard?

I don't think SF has any ownership interest in salvage yards. Insurance company's deal with independent salvage companies. It's likely that SF assigned the title to the salvage company, got the salvage money, and was done with the car. The salvage company took if from there. SF has no responsibility to the OP.

 

[LostDollar]

Thanks for the time you took explaining things.

 

[VolAgent]

Nope. Not theft. The Auto Dealer's Policy Form has the following exclusion:



"Theft" is a Named Peril that is covered by the policy.

There is a specific False Pretense Coverage part that can be purchased as an option.

What happened to OP is decidedly not "theft."

Let's see if he comes back and tells us if he bought the False Pretense Coverage.

Thanks, I couldn't think of the right term at the moment. I don't do any commercial at present.

In this instance, the policy definition is what matters. But still what most people would call theft, but if he doesn't have False Pretense Coverage, then he is SOL. Also, Xrac said what I was thinking about, a mechanic's lien. From what I have been told by mechanic's in the past, it is near as easy to get title here.

Ultimately though, I'm just not buying this story. I remember one a few weeks ago where supposedly a driver hit a tree while trying to avoid a car backing up in a parking lot. Turns out, there was a lot more to that.

 

[xrac]

I think the mechanics lien will work. Sounds like the car was totaled by SF and sold and never retitled. The purchaser or someone else used title from another vehicle to do a deceptive sale. I believe the mechanics lien can get him a clean title. Will probably still be salvage.

 

[adjusterjack]

But still what most people would call theft,

At the risk of kicking a dead horse, most people would be wrong. The Florida criminal code, for example, has a separate crime for "theft" and a separate crime for "false pretenses and frauds" (Chapters 812 and 817).

Statutes & Constitution :View Statutes : Online Sunshine

Besides, the OP has the car. It wasn't stolen from him.

Also, Xrac said what I was thinking about, a mechanic's lien. From what I have been told by mechanic's in the past, it is near as easy to get title here.

I have my doubts about that, too. Auto liens are addressed by Florida statute 713.58 Lien for labor or services on personal property:

Statutes & Constitution :View Statutes : Online Sunshine

I don't see that applying here but I suppose it's worth a try.

Or there may be a process for getting title that is similar to getting one on an abandoned vehicle.

 

[indienoise]

Of course the car is titled to state farm, but this fact does not mean anyone stole it. Typically a car like this can be reassigned from one dealer to the next on an "open title" and since no one has registered it yet, of course the state will show the last registered owner. They don't track every individual sale.