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  1. #1
    Join Date
    Dec 2009
    Posts
    4

    Default Insurance Company Stole My Car

    My question involves insurance law for the state of: Florida.

    I am a small car dealer who tried to repo a car 12 payments behind. Car was blocked in owners drive and damaged. i posted repo papers on window and called ins. co to make claim for damage as lienholder. They said car was total and offered $300. I declined. they towed car although i had told them not to, They quoted owners permisision, I said he had no authority since paper repo...bring car back!
    they refused, unless I accept their terms. 6 months has passed and i want to sue for civil theft. They say I can't! yet i believe their ransom letter is clear and convincing evidence.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Insurance Co Stole My Car

    So, you take them to court and you sue them.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Insurance Company Stole My Car

    What makes you believe you have the right to declare an intent to repossess a car, and thereby limit the owner's ability to authorize a tow?

    You did not repossess the car.

  4. #4
    Join Date
    Dec 2009
    Posts
    4

    Default Re: Insurance Company Stole My Car

    Mr Knowitall, paper repos are used by major finance companies all the time. Don't ou know that. If you don't have anything insightful to post please refrain!

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Insurance Company Stole My Car

    Perhaps I moved my lips too quickly.

    Your "paper repossession", which I'll assume for now is authorized by the Florida UCC and I'll assume was performed properly by you, allows you to negotiate with the insurer over the value of the collateral. But the vehicle remains in the possession of the title owner. What makes you think you have the right to declare your intent to physically repossess a car, and thereby limit the owner's ability to authorize a tow?

    If you throw another tantrum instead of citing a statute, I'll interpret your response as "I don't know the first thing about the laws that regulate my profession."

  6. #6
    Join Date
    Dec 2009
    Posts
    4

    Default Re: Insurance Company Stole My Car

    A little knowledge is a dangerous thing...and that is all I have. So I come here looking for helpful educated advice, not trite remarks from someone who obviously does not like car dealers.
    If you want to help, answer the question please.
    1) If he still has rights after the paper repo which you believe; did he lose them when he authorized tow.( ie giving up physical possession) Before you respond please bear in mind that my lmited knowledge indicates its illegal to remove car without WRITTEN consent of lienholder

    2) the insurance company have concealed this car for 7 months and refuse to return it; is this theft?

    Sorry to have ruffled your feathers

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Insurance Company Stole My Car

    You are unable to identify any legal authority to back up your point? Just insults and tantrums? Then it would seem, a little knowledge would, by all appearances, be significantly more than you have.

    You are free to go hire a lawyer to educate you in the basics of your profession, and to advise you about this particular case.

  8. #8
    Join Date
    Dec 2009
    Posts
    4

    Default Re: Insurance Company Stole My Car

    As I thought. Hot air and no substance! have a nice day wasting peoples' time!

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