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by Ryan
(Rockford, IL)

I work for a buy here pay here auto sales. We are the lienholder of a vehicle that was involved in an accident.

The insurance company issued a check to the driver of the vehicle. The vehicle was then abandoned. After a month worth of searching for the vehicle we found it on a rental car companies lot.

After speaking with the rental car company we found out the insurance company that the car was insured with. I spoke with the insurance company and learned about the check being issued weeks earlier.

I was told it was considered a total loss, but the driver was retaining the vehicle. I asked as to why the driver was never asked for confirmation of ownership, and they replied back later that they had recieved verbal confirmation.

We as the lien holder were never contacted regarding the claim. The vehicle is a 1999 and they also said they only ask for proof of ownership on anything 2000 or newer. I am wondering whether any of these statements made are of any validity and should they have issued a check without written proof of ownership?


Your assessment is correct. Proof of ownership must be requested and given (in writing). It is possible that they insurance company will have to pay the lien holder again. Most auto policies have lien holder clauses that will give you rights (as a lien holder). Please see:

Talk to a local attorney,

Good Luck

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