Q: Car insurance paid out for totaled car, didn't take the car.
My brother was in an accident on his way to work one morning. He was traveling South bound when a Semi truck and trailer traveling North came across the line into his lane. The semi side swiped him and ran him completely off the road. The damage done was considered totaled. He still owed money on the vehicle, he only had it a year. The truck driver's insurance sent him a check for just enough to pay off the loan. However, they said they didn't want his vehicle. His insurance doesn't want it because he took the settlement. He went to the bank and paid off the loan they told him the title would be available in 2 weeks. The only damage was to the bumper and driver's side door. I offered him $500 for the vehicle to fix it, he agreed. We paid to get it off the lot but now my question is, they paid him a settlement for "property damages" but will the title be a totaled title? No one has answered our questions. Was it written off as totaled if the insurance didn't claim the vehicle?
A: What do you mean by "a totaled title"? He will get title to the vehicle. Whether the insurance company considers it "totaled" makes no difference as far as title is concerned.
A: If it wasn't taken by the dealer, no not a totaled title (sometimes called a "junk" title)--unless the truck insurance wants it done that way. They didn't tell you to send the title so they don't. However your brother if he was hurt has an injury claim and should contact a member of the Florida Justice Association--they give free consultations.
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