Auto Insurance Claims: salvage retention form requirement, salvage retention form


Question
Dear Mr. Ferraro,
My vehicle was totaled by the cited driver in an accident.  It was towed to a storage facility per standard procedure.  His insurance carrier requested that I return a copy of my vehicle title and a signed, notarized Salvage Retention form relinquishing them from any financial responsibility for costs associated with the vehicle for them to process the claim.  The letter with the salvage retention form said they had "handled" the salvage of the vehicle.  The salvage retention form stated that I was responsible for any "hidden" fees.  Before signing and returning the form or title, I followed up with the tow yard, only to discover that they were still owed $750, held me liable for it, and had placed a lien on my vehicle registration in the state of FL.  I called the insurance company on this, and told them to correct this situation.  They apologized for this "misunderstanding" and corrected it by paying the amount owed to the tow yard.  I verifed this with the tow yard.  Now here's my question:  Now the insurance carrier says I must sign and return the salvage retention form with a copy of the title  (as earlier instructed) before they can send me any settlement check.  I told them I'm reluctant to do so, and they said it was required by FL state law.  I have no desire retain ownership of the vehicle.  Is it required that I sign and return this salvage retention form to the insurance company, essentially agreeing that I am responsible for any costs that may arise associated with the disposition of the vehicle?  I'm concerned about hidden auction fees, or surprise fees deducted from our agreed settlement amount. I'm the original owner, and the title is free and clear.  I've read several blogs that show this is a pretty standard tactic for the insurance companies to pass salvage costs back onto the unsuspecting claimant.  Is furnishing a salvage retention form to an insurance company in order to collect on payment for a claim required by law in Florida?  They offered to send me the check up front after I balked, but still then want me to return the signed salvage retention form.  Do you think I should send this to them as instructed?  I really don't trust them.
Thank you, and Best Regards,
Tom Holtzworth

Answer
I'm a licensed attorney in New York but not Florida so I can't give you an opinion with respect to Florida law.  However, my gut tells me that furnishing the salvage retention form to the insurer is not required - especially since they agreed to pay the claim BEFORE receiving the signed form.  I'd ask them to cite the statute and section to the law that they say applies.  My guess is that they won't be able to provide a citation to any applicable law and will simply pay your claim.

Best of luck - Ernest Ferraro.