A few notes/ thoughts:
(1) what is the definition of total loss, and who is determining this. One example is a theft of a motor vehicle that has been paid out by an insurance company, and later recovered and the motor vehicle did not suffer a 70 percent body damage or more during the theft.
Sorry for dredging this old post back up...This is what I am currently trying to figure how to deal with.
I bought a 2014 Ram 1500 In 2020, it seem like it was too good to be true and I should've known better and checked the carfax. The truck was super clean, only had 20k miles. But I bought it from a very large franchised dealership chain here in Houston, like in the top 3 largest dealership chains. So
I felt somewhat safe from shady dealings.
So bought the truck, mind you the truck a great truck, I've replaced the thermostat on it and that's it. Common thing for Rams. However a year after I bought it I attempted to refinance twice and both attempts initially were pre approved up until the details of the truck came out and title checks happened ultimately getting declined. The first time I was shocked but blew it off but the second time I was like ***? They told that the title history showed that the truck was stolen in 2015, insurance company claimed a total loss and paid the claim. Shortly after that claim was paid it was recovered. I believe that was on 6/11/15. It was retitled and sold on 6/13/15 and stored with Carpros (I know for a fact they take total loss vehicles bc that's where one of. are went after Harvey hit and was flooded.
So when I found out about all of this I knew none of this was disclosed and certainly that can't be legal, right? I files a complaint with TXDMV Licensing Board, the sale was Investigated and I was told the dealership did no wrongdoing. At the time I was livid and didn't even continue reading the email. I re-read the email and it continued to say
"You may have other claims or avenues of redress that can be pursued against the licensee. You may wish to consult with a private attorney to discuss your options."
Yeah, this email was 2 years ago, I feel pretty dumb not reading it back then.
So I said all that to say this, or ask this rather. So it wasn't a retained salvage, the insurance took possession of the truck after it was claimed and paid as a total loss, reported as "theft recovery after claim paid" on the title history, But was never branded with a salvaged title, and sold at auction as a clean title. Yet everytime a dealership looks at it to trade in, it is treated as a salvaged vehicle and results in significant value loss killing every deal I try and work. So would the insurance company that claimed the total loss and neglected to report it as a salvaged title be the "Lincensee" the TXDMV investigator is referring to? Any idea of what kind of recourse I can take or if it is even worth it? It's my luck that the insurance company is also a giant of the industry as well. Lucky me.
Thanks in advance for any time you give this comment. Sorry about the novel I just wrote. I am pretty much put of ideas and could use a nudge in the right direction.