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Anne Said:

What are the similarities between religion and insurance, bad title, please read, there is more to my que?

We Answered:

I agree. Faith does seem to be an insurance policy to many. It seems you can do any evil and, as long as you repent, you are saved. So Ghandi is in Hell and Hitler perhaps in Heaven. I just can't buy that.

Diane Said:

Property damage clause on car insurance?

We Answered:

Be careful with some of these answers, because some of the coverages they're telling you to use you might not have. As you've been told, the state of California only requires a minimum of $5k in coverage for PD liability, ie, 'damage you do to other people's cars or property.' You may also have $5k on your own policy, you may have more, but the limit means just that - the limit. The insurance company can only pay out up to the limit on any policy.

If you purchased collision coverage with your own company, use it. It's your #1 best option. You'll only be out your deductible instead of $3k+. Your company will collect back the limits plus possibly pursue the other driver for the balance if it looks feasible. You will also get a pro-rata share of your deductible back.

If you do not have collision, you will have to settle with this person's company. They're not jerking you around -- all they can pay is the $5k limit. However, if they have deemed your car a total loss it's much simpler to take the check and let them retain the salvage instead of trying to get a salvage cert and repair it yourself. If you run into problems with the repair or the DMV or the title later on down the road, it's all on you. You're much better off taking your settlement and putting it into another car.

I don't believe that CA even offers Underinsured PD coverage, only Uninsured PD coverage, which is severely capped if you didn't have collision in the first place. (Verify this with your agent! I can't swear to that as I'm not from CA.) And the other person wasn't uninsured in this instance, they just had the state minimums. Best to check with your agent on this and ask what you have on your own policy before you decide where to go from here.

Be aware that the company you're dealing with will want a signed release -- absolving them and their insured -- before they cut you that $5000 limits check. So while you can decide to go after the other person for the balance, you'll have to do that on your own and without even the first $5k to help you along.

Don't bother with a lawyer. They have nothing to gain with a car damage dispute and you'll pay more in lawyer fees than you'll ever get back. Talk to your own insurance agent and if he/she isn't sure, call your local claims office and ask to speak to someone who can help you sort this out.

If you're unhappy with your state allowing such low liability limits, CALL YOUR CONGRESSMAN. Until people start complaining, nothing is going to change.

Good luck!

Dan Said:

Should I sue my title company?

We Answered:

The realtor was on a roll until she started talking about the deed itself and your ownership. Now things do work differently state by state, but there is no lender in america, and I don't care what state, that doesn't want their lien recorded. Usually, with a purchase transaction, the deed, deed of trust/mortgage and any affidavits are immediately taken to the county courthouse to be recorded, as they don't want anything to impede there lien position. If these docs are not recorded the bank technically does not have collateral to the property (but they do have your signed note so don't think your off the hook). Getting docs recorded is priority one. Now, let me ask you a question, are you 100%, absolutely sure you are giving the assessor the correct information, I'm not trying to insult you, but a common error, especially when buying from a developer is the tax reference, sbl, tax id number. They can get screwed up either in the transfer of title or the assessors themselves can screw it up. Start small then work the bigger issues. This could be why the deed is not recorded, is the mortgage? Do not rely on an assessor to tell you if a deed is recorded, call your county recorded or clerks office, you do not call the assessor for this, it's the last place you call, they assess taxes, not record deeds and mortgages. If the tax id's were broken out correctly and you call the county clerk and your deed is not recorded, then call the title company and ask them why in the hell your deed is not recorded because either they have it or the lender got it as it was rejected for some reason. You may need to get an attorney involved due to the property issue and the tax issue, a title company does not determine escrow, that is set by your bank. And to be honest, this is a big issue with new construction because title shows taxes without a dwelling and a bank has to guess what they will be, but it's the banks call, not the title company, hope this helps