Insurance companies are basically scum...

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Tenzing_Norgay
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Re: Insurance companies are basically scum...

Post by Tenzing_Norgay » Fri Sep 28, 2018 9:51 am

P5 Guy wrote:
Fri Sep 28, 2018 8:31 am
Should have sold it to CarMax. Yeah I know they lowball, but how much will you have saved in time and aggravation?
Lol. CarMax ain't buying beater '98 Hondas.

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Tenzing_Norgay
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Post by Tenzing_Norgay » Fri Sep 28, 2018 9:54 am

jjk308 wrote:
Fri Sep 28, 2018 8:44 am
If you have the title in your possession, complete the section transferring title by seller. Go with the new owner to your local tax collector’s office to ensure the vehicle is transferred out of your name and into theirs.
I can't remember the last time I stepped inside a DMV. I'm busy and would be losing money to do this. I have no duty to escort flea-bags to the DMV and hold their hand while the paperwork is transferred.

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Tenzing_Norgay
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Post by Tenzing_Norgay » Fri Sep 28, 2018 10:02 am

Signing the title and notifying DMV are my only requirements:

Florida Statutes, Sec. 319.22(2) Transfer of title.
(2)

(a) An owner or coowner who has made a bona fide sale or transfer of a motor vehicle or mobile home and has delivered possession thereof to a purchaser shall not, by reason of any of the provisions of this chapter, be deemed the owner or coowner of such vehicle or mobile home so as to be subject to civil liability for the operation of such vehicle or mobile home thereafter by another when such owner or coowner has fulfilled either of the following requirements:

1. When such owner or coowner has made proper endorsement and delivery of the certificate of title as provided by this chapter. Proper endorsement shall be:

a. When a motor vehicle or mobile home is registered in the names of two or more persons as coowners in the alternative by the use of the word “or,” such vehicle shall be held in joint tenancy. Each coowner shall be deemed to have granted to the other coowner the absolute right to dispose of the title and interest in the vehicle or mobile home, and the signature of any coowner shall constitute proper endorsement. Upon the death of a coowner, the interest of the decedent shall pass to the survivor as though title or interest in the vehicle or mobile home was held in joint tenancy. This provision shall apply even if the coowners are husband and wife.

b. When a vehicle or mobile home is registered in the names of two or more persons as coowners in the conjunctive by the use of the word “and,” the signature of each coowner or his or her personal representative shall be required to transfer title to the vehicle or mobile home.
The department shall adopt suitable language to appear upon the certificate of title to effectuate the manner in which the interest in or title to the motor vehicle or mobile home is held.

2. When such owner or coowner has delivered to the department, or placed in the United States mail, addressed to the department, either the certificate of title properly endorsed or a notice in the form prescribed by the department. In addition to the information required by the department under this subparagraph, the notice must also contain the information required under paragraph (b) when the title being transferred is to a motor vehicle.

(b) An owner or coowner who has made a bona fide sale or transfer of a motor vehicle and has delivered possession thereof to a purchaser shall notify the department within 30 days after the sale or transfer in the form prescribed by the department. Notice by such owner or coowner under this paragraph shall satisfy the notice requirement under subparagraph (a)2. for limitation of liability under paragraph (a). The notification shall include the vehicle identification number and the buyer’s full first name, middle initial, last name, and personal or business identification, which may include, but need not be limited to, a driver’s license number, Florida identification card number, or federal employer identification number, and any information required by the department. This paragraph shall not apply to any transfer or sale to or by a licensed motor vehicle dealer or to an insurer who has taken possession or is taking possession of the vehicle or the title thereto pursuant to a policy of insurance.

(c) The department shall inform the motor vehicle owner or coowner of the requirements of this subsection with the issuance of each certificate of title to a motor vehicle. The information may be printed on the certificate of title or on a separate form that is included with the certificate.

N4KVE
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Post by N4KVE » Fri Sep 28, 2018 10:30 am

6 years ago, I sold a 1970 Z-28 Camaro to someone locally. I had owned the car since 1988. I signed the Florida title, & we both got bills of sale. The car had been sitting in my warehouse for years, but had never had Florida tags. Whenever I renew the tags for my daily driver, the site always asks me if I want tags for the Camaro, as the new owner still has not transferred the title to his name. This is not the first time this has happened. But, I have also been the other guy. I’d buy a cheap car, not bother transferring the title, but getting cheap Alabama tags, & then driving the car until it’s ready for the junk yard. But I don’t do that anymore. GARY.

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tector
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Post by tector » Fri Sep 28, 2018 10:43 am

If you are a record owner of a motor vehicle at the time it is involved in an accident, you are a potential civil litigation target. Period. Which is why the insurance company has taken the position it has. You may, perhaps easily, avoid any potential liability once the facts are established, but that may take some time and expense. You are confusing the bare elements to sell a vehicle with what is prudent to get your ass conclusively out of the loop of potential liability. They are not the same, which is why you are talking past the people telling you what was prudent. That getting out of that loop of liability was inconvenient is not an issue--that was your choice.

By the way, these same lessons should also apply to selling guns. I hear people here say "I don't have to do jack fuck when selling a gun!" And, yes, the bare minimum to avoid criminal liability, especially in Florida (for now) is not much. But potential civil liability is a whole other thing. Everybody is a tough guy until they get sued and have to deal with all that bullshit.

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Tenzing_Norgay
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Post by Tenzing_Norgay » Fri Sep 28, 2018 11:54 am

tector wrote:
Fri Sep 28, 2018 10:43 am
If you are a record owner of a motor vehicle at the time it is involved in an accident, you are a potential civil litigation target. Period.
I wasn't the owner of record. I did everything the state (and my ins. co.) required (+ 1 add'l form...the downloadable one) to legally release my liability.

The shit-sipping insurance co., however, does not care. They didn't check with the state. They only checked in their private database to determine "who's gonna pay"?

F' them.

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tector
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Post by tector » Fri Sep 28, 2018 12:11 pm

Tenzing_Norgay wrote:
Fri Sep 28, 2018 11:54 am
tector wrote:
Fri Sep 28, 2018 10:43 am
If you are a record owner of a motor vehicle at the time it is involved in an accident, you are a potential civil litigation target. Period.
I wasn't the owner of record. I did everything the state (and my ins. co.) required (+ 1 add'l form...the downloadable one) to legally release my liability.

The shit-sipping insurance co., however, does not care. They didn't check with the state. They only checked in their private database to determine "who's gonna pay"?

F' them.
Get your story straight.

In your original post, you wrote:

"Long story short...dirtbag I sold it to never re-registered or insured, then rear-ends someone."

If it wasn't re-registered, YOU are the record owner with the DMV at the time of accident.

Do you want help or do you just want to throw a tantrum?

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Post by OSD » Fri Sep 28, 2018 12:42 pm

I agree with tector. You found the time to place an ad, show the car, do the sale with the person, fill out the forms and send them in, but couldn't take the time to go to the DMV with him to do the transfer properly like it says to on their website and didn't make copies of everything because you were too busy. Did you get his DL# from him and put it on the forms like it says to do?
Don't blame the insurance company because you couldn't/didn't take the time to follow thru and do your due diligence to CYA.

N4KVE
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Post by N4KVE » Fri Sep 28, 2018 1:31 pm

Where I grew up, the only way to sell a car was for the buyer, & seller to appear at the tag agency together. A notary was a lawyer, not just someone to witness a signature. It was a pain, but things like this could not happen. Also slip, & fall lawyers do not exist there, so “pain, & suffering” lawsuits do not exist. And you purchased car insurance at the tag agency, & paid in full right there, so there is no such thing as an uninsured driver. And since “pain, & suffering” lawsuits do not exist, insurance is real cheap. Problem is the sub zero temps, & the 3 feet of snow for 8 months. LOL. Oh, & the strict gun laws. GARY.

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Tenzing_Norgay
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Post by Tenzing_Norgay » Fri Sep 28, 2018 1:37 pm

tector wrote:
Fri Sep 28, 2018 12:11 pm
Tenzing_Norgay wrote:
Fri Sep 28, 2018 11:54 am
tector wrote:
Fri Sep 28, 2018 10:43 am
If you are a record owner of a motor vehicle at the time it is involved in an accident, you are a potential civil litigation target. Period.
I wasn't the owner of record. I did everything the state (and my ins. co.) required (+ 1 add'l form...the downloadable one) to legally release my liability.

The shit-sipping insurance co., however, does not care. They didn't check with the state. They only checked in their private database to determine "who's gonna pay"?

F' them.
Get your story straight.

In your original post, you wrote:

"Long story short...dirtbag I sold it to never re-registered or insured, then rear-ends someone."

If it wasn't re-registered, YOU are the record owner with the DMV at the time of accident.

Do you want help or do you just want to throw a tantrum?
False. I submitted TWO forms to the DMV (Notice of Transfer or Sale of Motor Vehicle) as required by the state.

My "story" stands.

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