Sign over Title for Totaled Vehicle before Paid in Full? CALIFORNIA

Pontiac1972

New Member
4
Hi folks! Glad to join the fray here on this great forum. I tried to find the answers for this on the California insurance commissioner's website but had no luck.

My vehicle has been totaled and the insurance company is offering me the ACV for the vehicle, but wants me to sign the title over to them without having paid me. Also, the DMV transfer form sent to me to sign is blank and does not say the amount they will pay, or anything at all.

In California do I have a right to receive the money in full before I hand over possession of the vehicle? Do I have a right to receive a contract or write in the amount that will be paid etc? Otherwise, it seems like a blank check to me.

I did receive a copy of the Mitchell report, and have an email stating that they will send me the check for a certain amount upon receipt of a properly completed transfer form and title.

I would love to know what my rights are in my state; any citation, if possible, would be very useful.

Thank you!
 
If they made you an offer for the vehicle, ask them to direct deposit the money and send the title or see where their claims handling center is located and see if you can hand deliver the title and receive your check. I would not worry about any slight of hand. Insurance companies are heavily regulated by their respective states
 
That's the industry practice in every state. The insurance company rep agreed on a settlement amount. That's binding on the company. The process is to sign over the title and then get your check. Insurance companies have thousand of such claims going on all the time. Only in rare circumstances will an insurance company allow a face to face swap of title for check.

I handled over 6000 claims in the 7 years before I retired and less than a handful of claims where a person's situation was dire enough to allow them to come to the office for the check.

I agree that you can ask for the accommodation but don't be surprised if the answer is "no."
 
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