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  1. #1
    Join Date
    Sep 2012
    Posts
    1

    Default Totaled Car Sent to Auction Before Owner Could Recover Personal Property

    I was in an accident last week and my car was towed to a towing company in Florida. Allstate adjuster went to the lot to take pictures and found the car to be a total loss. Allstate asked me to go down to the lot where my car is as soon as possible to remove my personal items from the car and sign authorization to have the car removed from the lot so they will not incur any more storage fees.

    I went today to retrieve my personal items and the towing company told me that the car has already been removed to COPART which is an auction house here in FL. I told them they did NOT have my authorization to remove my car. They told me that the adjuster from Allstate gave them the authority. I advised the towing company that Allstate does not even own my car yet, The title is still in my hands. I called Allstate and they told me that adjusters DO NOT have the authorization to move any cars anywhere. I went back to the towing company and they told me it is out of their hands and that Allstate needs to figure out how to get my personal items back. At this point I dont know what is left of my personal items. Towing company claims it happens all the time and that they are not going to do anything about it. I asked to see the paperwork to were the adjuster signed releasing my car and she said it was locked up in the safe for the night come back tomorrow.

    Who is at fault and what can be done?

  2. #2
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Car Was Released from the Towing Yard with My Personals to Auction House No Auth

    What took you so long to get down and remove your property?

    The impound lot will not release your vehicle until it is paid for. The adjuster that works for your insurance company only appraises the damage to the vehicle and then gives that number to your insurance company.
    The insurance company then determines if they want to fix, or total your vehicle. If they total your vehicle, they cut you a check and the impound yard a check for the towing and labor. The insurance company then contacts COPART and COPART then contacts the impound lot to make arrangements to pick the vehicle up. COPART nor the impound lot have nothing to do with your situation. if you want to call your insurance company and complain to them to see if you can get somewhere, that's up to you.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  3. #3
    Join Date
    Sep 2011
    Location
    Oklahoma
    Posts
    232

    Default Re: Car Was Released from the Towing Yard with My Personals to Auction House No Auth

    It's just your average insurance salvage pool. All you have to do is go to Copart and get your stuff. It hasn't been auctioned. The paperwork required before they can auction a total loss means your car will probably sit at Copart for over a month. When you go to clean out your car, they'll use a huge forklift to bring your car up to the front so you can clean it out. This is common in the business.

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