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Sherry Said:

Insurance Company Totaled Car, Now wants to Change Offer?

We Answered:

The offers they gave you are very fair.

By law - they can not total the car and give you a repairable title.

Also - if they went along with your plan - totaled your car but lied to the state and gave you a repairable title -- the person you sold the Saab to - gets it fixed - gets into an accident with it -- finds out about its possible total loss history -- then turns around and sues the pants off the insurance company.

They are not going to break the law. They are not going to risk getting sued because they broke the law.

It sounds like they sent the IA to inspect the car after making the total loss offer b/c you continued to push the issue. You should have - taken the money, kept the salvage --- towed the Saab to the nearest scrap yard and sold it for scrap - pocketed that money - driven around in your new car and gotten on with your life.

Sorry -- but it sounds like you created this problem.

Here's what I'd do -- call a scrap yard. Find out how much they would give you for the car as scrap. You may also want to call a used parts dealer and see what they would give you for the car. At that point, is it better to keep the car and sell it as scrap/parts or sell the car back to the insurance company. The Saab is 15 years old -- you got your money out of it. It did what you paid for it to do. Then drive the Prius until the wheels fall off.

EDIT: true some states award triple damages on bad faith suits. However, you do not have a bad faith situation. There was no bad faith committed.

What you were asking for is illegal. You wanted the insurance company to give you the money for a total loss but to lie to the state - write an estimate for less than a total loss so it was not actually a total loss. You wanted the total loss money but not report it to the state as a total loss.

Carmen Said:

Is the title company liable?

We Answered:

Did you have an attorney handle this sale for you? If so, you need to go after your attorney for this.

You never should have closed, without the title exclusion list - you don't need the whole entire actual policy, but your attorney should have verified that the title was clear.

If you did this without an attorney, you'll have to hire one now, to sue the seller, as they didn't pay the outstanding lien.