QuestionQUESTION: I recently totaled my motorcyle. I have told the insurance company that I wish to retain ownership of the motorcyle. They told me they don't normally do this because it the vehicle is unsafe. The damages done to the bike are all cosmetic. They tell me that they sell all totaled vehicles to a company called "Wheels In Motion". After doing some research on this place I found that they buy the salvage vehicles and repair them then sell them with a salvage title. Do I have a legal right to buy it directly from the insurance company, and how is it different for a company to buy it from the insurance company and fix from me doing the same thing then getting it safety inspected by the DMV or Highway patrol. I am in california if that makes any difference.
ANSWER: Dear Jason,
Tell the adjuster she is full of it. So long as the damages are cosmetic as you allege, you have the right to have your vehicle repaired with USED OR NON-OEM (Original Equipment Manufacturer) PARTS. That would lower the cost significantly and take it out of the category of totaled vehicle.
Yes, you might have to offer the insurance company a "hold harmless and defense" agreement in the event the bike is not safe later on.
As for totaled vehicles, you also have the right to buy it back, but be prepared to give your company the hold harmless that the Wheels in Motion gives them.
Safety inspections by the State Patrol in each state are part of the routine, so there IS protection for the public.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
---------- FOLLOW-UP ----------
QUESTION: ok, just so I have this straight. The insurance company has to allow me to retain ownership of my motorcycle as long as I provide them "hold harmless and defense" agreement. Because my adjuster told me it was there policy not to sell back to the customer and that I would have to go through the company that they sell to. I asked her to provide me the clause in my policy that says that. I read all the documents I got from the insurance agent and found nothing that mentioned rentention of property by owner.
AnswerPlease re-read the first paragraph of my answer. First issue is safety. Is the damage structural or cosmetic, as you allege? Second issue is money. Can you get a quote that will be less than what they want to give you for a totaled vehicle if you use the parts I suggested?
For clarification in your own state, I would call your insurance commissioner http://www.settlementcentral.com/links.php
One thing that sits wrong with me is the allegation that you HAVE to deal with a particular company. Who made that sweet deal for them? One wonders how they can deny the opportunity for the owner to buy the salvage if there is no structural damage that could make it dangerous on the highway.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
