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needing title for insurance money

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atalossnnebrask

Junior Member
What is the name of your state (only U.S. law)? Nebraska
We purchased a vehicle from an individual on a contract payment basis. Full coverage insurance was put on the vehicle by us. Unfortunately the vehicle was totaled> Insurance was called and claim filed and the original owner was notified. At that time we were notified that there was a lien on the title. Once we were told for sure that vehicle was totaled we had the banking information and authorized payment to be made to cover the lien so that we could obtain title. After that payment was made we would only owe 320 dollars to fulfill the contract and an agreement was made that that would be paid upon insurance check. We have been waiting for a title for over a month and are always promised it is coming. Come to find out that the bank never had a title (the bank in in Kansas and title was sent to Nebraska so that it could be plated)as the previous owner never returned the title to the bank and it has been in his possession this whole time. We have contacted previous owner and have actually gotten pretty nasty with him and now he refused to answer phone calls or return messages. Stated that since we wanted to become nasty about it he wouldn't give us the title until that 320 is now paid We agrees to that and set up a time to meet to pay what was owed for the title so that we could get a title in our name to claim the insurance. Previous owner never showed and wouldn't answer phone. Insurance company is now talking about charging storage and taking it out of the check. Please keep in mind that the vehicle is still titled and registered to the previous owner so legally he is still the owner. (long story). What can we do to get the title so that we can get what is do us from the insurance?
 


swalsh411

Senior Member
Sue him.

What sort of written contract do you have with the person who owns the car?

And next time don't get into this sort of arragement.
 

atalossnnebrask

Junior Member
just a standard written contract with notarized signatures showing the amount and payments and full coverage insurance that sort of thing. Oh trust me never again will I think a friend is helping me out and I am helping them. Guess I should learn the meaning of friend also. I have spoken with a lawyer so as bad as I hate to pursue that avenue I may. Will only hurt them in the process when I include attorneys fees and the like. I have left him another message stating that I have spoken with a lawyer and that I would not just include the amount of the insurance but attorney fees, court costs and whatever else that may accrue so we will see what happens from there.
 

swalsh411

Senior Member
You would sue for the fair market value of the car less any amount you still owe him. You won't be awarded everything under the sun that you think you are owed.
 

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