Salvage Right in Texas

[jaw56856]

My question involves insurance law for the state of: Texas

I am running into a conflict with my carrier and my automotive theft,
I have a vehicle that is unique in it build and was stolen and then recovered. While the repair cost will exceed the value of the vehicle, the uniqueness and personal attachment makes it some thing i want to keep and repair. I Texas it is commonly understood that "owners have salvage rights" .
In the past under my personal account with the same carrier, i have had 3 prior total loss claims that i enacted the rights to keep salvage. one of those prior cases was the very same vehicle in question. However in this case the carrier has fought us at ever point, argued the settlement process, forced us to go though the adjuster process to establish value. and now is trying to force me to release my vehicle. we have agreed to a value, but i have rejected it bc they have not deducted the salvage value. I am now going though the TDI process with regards to this case, but i may end up in court.
they are citing the policy that states it is their choice if i get to keep it or not
to me that is forcing me to relinquish my personal property.
I understand that if a repair of my vehicle exceeds the policy limit, then they can "wash their hands" and total loss it. and i do not agree that they should be able to Force me to give over my property.
I am hoping to find the transportation code or administrative code that protects my rights to ownership or my rights to salvage .
or is the president that has been set with my personal history with the very same carrier, proof enough in the courts eyes.

Thoughs?

[budwad]

You can't have it both ways. You can't comes to terms as to the value of the vehicle as total loss, accept the limits of your coverage and then say you want to keep the vehicle if the insurance co. wants it to sell for salvage which they often do these days.

They often end up at Copart for auction. You would be free to bid and get your totaled vehicle back.

[pg1067]

Not really sure what sort of response you're seeking or expecting, but the policy language controls, and your course of dealing (or precedent) is irrelevant.

[adjusterjack]

In Texas it is commonly understood that "owners have salvage rights" .

Then it is commonly understood wrong. Owners don't have salvage rights. It's the insurance company's option.

In the past under my personal account with the same carrier, i have had 3 prior total loss claims that i enacted the rights to keep salvage.

Again, not rights. It was the insurance company's option. That you were allowed to keep the vehicle 3 times does not obligate the insurance company to allow it this time.

they are citing the policy that states it is their choice if i get to keep it or not. To me that is forcing me to relinquish my personal property.
I understand that if a repair of my vehicle exceeds the policy limit, then they can "wash their hands" and total loss it. and i do not agree that they should be able to Force me to give over my property.
I am hoping to find the transportation code or administrative code that protects my rights to ownership or my rights to salvage .
or is the president that has been set with my personal history with the very same carrier, proof enough in the courts eyes.

Nobody is "forcing" you to do anything. It's in your policy. When you bought the policy you agreed to be contractually bound to its terms and conditions. That you didn't bother reading it and understanding it is on you.

Have you read it now?

Go to the Damage to Your Vehicle section and read "Payment of Loss."

We may pay for loss in money or repair or replace
the damaged or stolen property. We may, at our
expense, return any stolen property to:
1. You; or
2. The address shown in this policy.
If we return stolen property we will pay for any
damage resulting from the theft. We may keep all
or part of the property at an agreed or appraised
value.
If we pay for loss in money, our payment will include
the applicable sales tax for the damaged or
stolen property.

There is no transportation or administrative code that changes that. Again, you have no "right" to the salvage and the three previous claims will be irrelevant "in the courts eyes."

Don't waste your money on lawyers or court because it's not going your way, just like the thousands of cases before you where an insured didn't understand his policy and tried to do an end run around them.

PS: I'm amazed that you are still with the same company after three prior total losses.