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 Posted: Mon Mar 10, 2008 8:20 pm Post subject: |
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| Quote: | | So from what I understand, is, we can not sell this vehicle with a SALVAGE TITLE/CERTIFICATE |
Well SAbrina from what the adjuster had in the letter it sounds to me like you MAY sell or transfer it after you get a | Quote: | | until a (specify either: Salvage Certificate of Title or Non repairable Certificate of Title) is issued. |
| Quote: | The State of Texas will not allow transfer of title to your vehicle until a (specify either: Salvage Certificate of Title or Non repairable Certificate of Title) is issued.
If you choose to repair the vehicle and apply for a new title, you must have the vehicle inspected at the DPS inspection station and pay a $120.00 inspection fee. Once you have the document, you will be allowed to obtain a new title which will state the vehicle was previously in salvaged condition. |
I don't know what a | Quote: | | DPS inspection station |
is...(in my state the hwy patrol does the inspections) were I you I'd contact your states, DMV and find out from them exactly what this is and where...It may be (hopefully) that your vehicle would qualify for this 'non-repairable' certificate....(if that means it can be sold without repair)...I wish we all knew and understood all state laws, but we just don't, and I don't think there is a regular poster that works Texas....also could be that you could have them look at the vehicle (inspection-for free) to see if there are any repairs that MUST be made....it's certainly worth a shot...
I would ask though if you do find out that you let us know the particulars so that we may help someone else in the future...if you wouldn't mind sharing...
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Lori
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| Posted: Mon Mar 10, 2008 8:41 pm Post subject: |
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Guess I should rephrase this as to what I asked:
| Quote: | | So from what I understand, is, we can not sell this vehicle with a SALVAGE TITLE/CERTIFICATE? |
When the insurance company appraised the damage of the wreak, they also added in other minor damage that the van already had before the wreak.
Now that the van has the Salvage title, in order to sell the van exactly what do we have to do here?
1. Can the van be sold right now with this Salvage Title?
2. Do we have to fix the damage to the van that was caused by this recent wreak we just had before we can sell it.
3. or, do we have to fix everything......damage from the recent wreak and the pre-existing damage before the wreak before we can sell the van?
The van has always passed inspection. The damage from this recent wreak has caused damage to the front door & front well fender.... the van is still drivable. This damage from this recent wreak will not cause the van to not pass inspection.
Also, another problem that we have run into with iss, we have had this van up for sale for a few months now. Now thats this wreck thing has happen I guess this puts a hault on selling it?
I'm also not to certain as to what we do next now that a salvage title has been issued on our van. Guess we have to go down to the court house to get this change title? or will it come in the mail?
Please forgive me for the stupid questions but I'm clueless on this new title stuff and what we need to do now to get this Salvage Title.
Thanks,
Sabrina |
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Sabrina
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| Posted: Mon Mar 10, 2008 9:26 pm Post subject: |
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| Quote: | | Because Sabrina has no contract with Progressive there is no "fiduciary responsibility" between either party. The obligation is between Progressive and the at-fault party who caused Sabrina's damages. |
Fiduciary–noun 1. Law. a person to whom property or power is entrusted for the benefit of another.
More on the point of insurance, the adjuster is bound by law (Fair Claims Practice Acts) to act in the interest of the claimant. This _DOES_ out weight the responsiblity of the insured. That is, the adjuster _DOES_ have a greater obligation and responsiblity then of what you mention.
Examples: Notification that the statute of limitations is going to run. Every state I know of does not allow the insurance company to simply let this statute expire. Insurance companies typically send out certified letters to make the claimant aware of this. The state of California requires the insurance company to notify the claimant every 30 days what is still needed in order to settle the claim. I could go on and on but you could also review each state Fair Claims Practice Act for specific and more detailed information. But I think I've made my point.
If the carrier had a policy with Sabrina, the carrier would have a contractual obligation, not just a fiduciary responsiblity.
| Quote: | | There has not been a resolution simply because while the insurer has totaled Sabrina's vehicle, they have not taken salvage nor tendered sufficient funds to indemnify Sabrina, including, but not limited to full pre-loss ACV (replacement cost) and tax, title transfer and all other related entitlements. |
A carrier is under no obligation to secure the salvage. If they wanted, they could deduct a fair amount and allow Sabrina to retain it. What is the ACV if her van? If you don't know (and you don't), how do you know the offer was not fair? If the owner retains the vehicle no replacement vehicle is needed so no sale tax or other charges would be payable. Technically, those amounts are not even owed until the person can show that the vehicle was replaced (but most carriers simply choose to pay it up front). |
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tcope
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| Posted: Mon Mar 10, 2008 9:33 pm Post subject: |
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| Quote: | | 1. Can the van be sold right now with this Salvage Title? |
Yes, it can be sold... but typically with a Salvage Title it's value will be about 25% less. Also, the carrier is deducting what they determiend to be it's value in it's post accident condition. So if everything is the same, you'd only be able to sell it for what the carrier deducted. This would put you right back in the same spot as if they took possesion of the salvage vehicle (but you'd also be paid taxes, registration fees, etc).
Each state is different and it depends on the vehicle and those state laws as to if a vehicle with a salvage title can be registered for use on the road. You best bet is to call your local DMV and ask. I've always had good luck with them on the phone.
Having an older vehicle totaled in an accident if never a good situation to be in. The value of the vehicle is not in the monitary value, rather they it was good transportation. When you place a dollar amount on these types of vehicles, you never going to get what the vehicle was "worth to you". |
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tcope
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| Posted: Mon Mar 10, 2008 9:35 pm Post subject: |
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sorry I misunderstood, this is some information I found...were I you, rather than read the 171 pages I'd call the number I've highlighted...
| Quote: | How to Get a Salvage or Rebuilt Salvage Title
Texas has strict guidelines about what constitutes a salvage vehicle, how to go about getting a salvage title issued, who may buy or sell a salvage vehicle, and how to bring a vehicle out of salvage status. Before attempting to either get a salvage title or to repair a salvage vehicle and return it to the road, we recommend that you read the very comprehensive (at 171 pages) Salvage Dealer and Motor Vehicle Information publication issued by the Texas Department of Transportation.
It's all a bit confusing, so if you're still not clear about how to title and register a salvage or a rebuilt salvage car, feel free to contact a regional Vehicle Titles and Registration Division office or call the VTR help desk at (512) 465-7611.
If you are reclaiming vehicles that are damaged or have been previously declared totaled, there are many Texas salvage vehicle forms for this purpose. Dealers and agents might also be interested to read the state's salvage vehicle dealer and agent FAQs. |
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Mon Mar 10, 2008 11:30 pm Post subject: |
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I've contacted my lawyer on this matter but he is out til Thursday. So once I get a chance to talk this over with him I will let ya'll know what has come of it all.
Thank so much for all the help, greatly appreciate it very much.
Sabrina |
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Sabrina
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| Posted: Mon Mar 10, 2008 11:31 pm Post subject: |
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| You can sell it with a salvage title, it just tends to be worth less. |
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tcope
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| Posted: Tue Mar 11, 2008 12:40 am Post subject: |
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| Quote: | | You can sell it with a salvage title, it just tends to be worth less. |
tcope this would've been my initial response as well, until i saw both of these.... | Quote: | | Texas has strict guidelines about what constitutes a salvage vehicle, how to go about getting a salvage title issued, who may buy or sell a salvage vehicle |
| Quote: | | The State of Texas will not allow transfer of title to your vehicle until a (specify either: Salvage Certificate of Title or Non repairable Certificate of Title) is issued. |
Do you know this to be true in Texas? I mean that she can sell the vehicle once it has been reported as having a salvaged title without doing ''something'' with it first? (I realllllllllllllly don't want to read that 171 page doc)....
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Tue Mar 11, 2008 1:09 am Post subject: |
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| I don't know if this will help but in PA you can get a salvaged vehicle repaired but you have to send to the state proof that the vehicle was reconditioned to safe standards. Plus you have the cost of a state inspection. After that they release you what I always called an R-Title cause thats what a garage calls it. It does depreciate the value quite a bit. So here you really are hust better to let the vechicle go. My brother went through this after his wife rolled their SUV on bad roads. It got his temperature up quite a bit but n othing he could do about it. |
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fireyone
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| Posted: Tue Mar 11, 2008 1:14 am Post subject: |
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Well crap, I couldn't stand it, I was worried we might not be giving the OP the correct information...  and certainly didn't want her to get into any trouble.....I read the darn 171 page thing, (well not all) anyway as I understand it she may NOT sell it...in the 'state' the title is now in...here is the information I found as it relates to owner retained, insurance claim totaled vehicles:
| Quote: | OWNER RETAINED VEHICLES• When an insurance company pays a claim on a salvage or nonrepairable motor vehicle and does not acquire ownership of that vehicle, the insurance company is required to submit an Owner Retained Report (Form VTR-436) with a revision date of 9/2003 or later to the department, before the 31st day after the date of the payment of claim.
Note: If the date of claim payment is prior to September 1, 2003, a
Form VTR-436 with a revision date prior to 9/2003 shall be submitted.
• Owner retained provisions apply only to motor vehicles that meet the definition of salvage or nonrepairable (i.e., damage exceeds 100% of pre-damaged value or the only residual value is scrap metal or used parts).
• Insurance companies may not submit an Owner Retained Report
(Form VTR-436) for motor vehicles with a lesser amount of damage.
• The insurance companies shall complete the Form VTR-436 to report that the insurance company:
(1) has paid a claim on the salvage or nonrepairable motor vehicle; and
(2) has not acquired ownership of the salvage or nonrepairable motor
vehicle.
• Upon receipt of a properly executed Form VTR-436, the department will:
(1) place a “LEGAL RESTRAINT-CONTACT TXDOT (#OR)” remark on
the motor vehicle record and will invalidate any current registration to
prevent transfer of ownership and issuance of registration prior to the
issuance of a Salvage or Nonrepairable Vehicle Title;(2) notify the recorded owner of the retained motor vehicle and lienholder
(if applicable) of receipt of the report, advise the owner to obtain the
appropriate salvage-type document and of the restrictions on transfer
and operation of the vehicle. 3 - 5 12/2006
Section 3 Insurance Companies
• Until a Salvage or Nonrepairable Vehicle Title, or a comparable out-of-state ownership document has been issued for an owner retained vehicle, the owner of the motor vehicle may not:
(1) sell or otherwise transfer ownership of the vehicle; or
(2) operate or permit operation of the motor vehicle on a public highway:
(a) until the motor vehicle is rebuilt;
(b) titled as a rebuilt salvage motor vehicle or rebuilt
nonrepairable motor vehicle, if applicable; and
(c) is registered.
• A Form VTR-436-E, Owner Retained Report Correction Request, may be
submitted by an insurance company when one of the following errors was
made on a Form VTR-436, Owner Retained Report:
(1) the cost to repair the damage to the vehicle was not sufficient to
classify the vehicle as a salvage motor vehicle (i.e., the estimated cost
of repairs did not exceed the pre-damaged actual cash value of the
vehicle) or
(2) the original VTR-436 filed by an insurance company incorrectly
indicated the vehicle was a salvage motor vehicle, but it is in fact a
nonrepairable motor vehicle, or vice versa.
OWNER RETAINED REPORT (FORM VTR-436)
• The insurance company shall submit an Owner Retained Report
(Form VTR-436) with a revision date of 9/2003 or later, if the date of claim
payment was on or after September 1, 2003.
• An Owner Retained Report will be rejected if the date of claim is on or after September 1, 2003, but a Form VTR-436 with a revision date prior to 9/2003 is submitted.
• The Owner Retained Report (Form VTR-436) must be mailed to the:
Vehicle Titles and Registration Division
Texas Department of Transportation
Attn: Title Control Systems Branch
Austin, Texas 78779-0001
Note: Insurance companies using a contracted business to complete the
Form VTR-436 on owner retained vehicles should also include the address of the contracted business in the event the Form VTR-436 must be rejected. With this address, the department will be able to send the rejected forms directly to the contracted business for correction. This address can be submitted on a Section 3 Insurance Companies
separate page with a note to the department authorizing the contracted
business to handle the insurance company's owner retained notifications.
• If the date of claim payment was prior to September 1, 2003, an insurance company is required to use a Form VTR-436 with a revision date prior to 9/2003.
Note: A Salvage Vehicle Title will be issued in lieu of a Nonrepairable Vehicle Title if an insurance company paid a claim on a nonrepairable motor vehicle prior to September 1, 2003 and the owner retained the vehicle. This allows the owner to rebuild and retitle the motor vehicle, since it was determined to be nonrepairable prior to the change in law that prohibits rebuilding of a nonrepairable motor vehicle. |
If I'm understanding this, you can sell it, LATER....after you have jumped thru the hoops set out here.....(geeeeeeeeeze, I'm tired now....night all)
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Tue Mar 11, 2008 1:55 am Post subject: |
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| Wow Lori that was really cool of you to sit and read all that for the OP. Good night. |
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fireyone
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| Posted: Tue Mar 11, 2008 3:58 am Post subject: |
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Lori,
Thank you so much for going out of your way to post this information for me.
I'm so upset about all this. I just got my van inspected with all new stickers and now none of them are any good because of this wreak 
I can't thank you enough Lori, thanks you thank you.
Sabrina |
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Sabrina
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| Posted: Tue Mar 11, 2008 10:53 am Post subject: |
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| Quote: | | I'm so upset about all this. I just got my van inspected with all new stickers and now none of them are any good because of this wreak |
I know you are Sabrina and don't blame you, it really a bad situation (always is) when an older yet driveable vehicle is damaged, then totals...Please call the phone number and talk with them...if I'm understanding (this very complex information) you will be able to sell it once you get this | Quote: | | ...(b) titled as a rebuilt salvage motor vehicle or rebuilt nonrepairable motor vehicle, if applicable; and (c) is registered. |
Now it could be in your case that you can get this without near the trouble we think it will be....(i sure hope so)...are your doors operable? Do you know anyone in your area that can do body work at a 'very' reasonable rate? If it just needs doors, if you don't know any, let me know and I'll try and find you a few salvage yards, that you can purchase doors from, (if they need replaced)...Or go on line and look for them...most salvage yards now have sites....I'm so very sorry, and hope that you just call them and they say, ''come on in let us look at the van, and then reissue the title for you'' I really hope that happens...please let us know, and of course if we can be of any further assistance.... | Quote: | | I can't thank you enough Lori, thanks you thank you. |
It my (all of our) pleasure, I wish the news/information I found had been better for you though
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Tue Mar 11, 2008 5:44 pm Post subject: |
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A vehicle can be sold with a salvage title. The salvage title just informs the buyer that it has been totalled or salvaged. These titles are to help protect buyers from sellers not disclosing this information.
Now with a salvage title, most insurance companies will not let you carry physical damage coverage on the vehicle, just liability, uninsured/underinsured motorist coverage and PIP. |
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MBTexas
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| Posted: Wed Mar 12, 2008 12:53 am Post subject: |
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| I never knew that part about the coverage. That stinks for the person who put alot of money into repairing a vechicle. So even if the vehicle still had a pretty high resale value, say in the thousands, you couldn't insure it for more than liability. It is almost worth just letting the vehicle go. |
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fireyone
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