Auto Insurance Claims/total loss claim

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Expert: Charlie Barone - 4/22/2009


Question
QUESTION: i got a car loan for 15,000.00 bought a car when the tag came in it said total loss i went back to the bank w/this info contacted DMV they sent me the paper work from Raleigh i brought the paper work to local DMV inspector and to the bank  they are not concerned I am what do i need to do or what kind of lawyer should i be looking for

ANSWER: If you purchased the car though a dealer, then you may have a case of dealer fraud for them not disclosing this history to you. If it was a private sale, the caveat emptor doctrine is likely to be in effect, which means "buyer beware." If it was a dealer sale, then search the web for lemon law attorneys in your area. There will be plenty willing to take this kind of case.

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QUESTION: it was a dealer he faxed the bill of sale to the bank should that info been disclosed to them???

Answer
The bank is not interested in the nature of the car you bought, but is concerned with the value as security for the loan. If the dealer made alterations to the documents he faxed in an effort to see the sale go through, then he is guilty of wire fraud. But the dealer is under no obligation to disclose snything about the car to the bank.

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Charlie Barone

Expertise

For questions involving auto damage claims, collision repair, forensics, industry practices, we can help. We specialize in claims for loss of resale value (Diminished Value).

Experience

I have 30 years experience in the collision repair and body reconstruction field, both hands-on and from behind the desk. I hold a Master Certification from ASE in the Body and Paint category, as well as their certification in Estimating. I have authored over 120 feature and training articles for the largest trade journal devoted to the collision repair industry, and have given expert testimony in court dozens of times. Licensed physical damage appraiser in Pennsylvania and reciprocal states.

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