Legal Question in Legal Ethics in Florida
I have a title loan on my car. I was involved in a car accident. I signed a waiver that states if the car is involved in the accident I am not responsible for the remaider of the loan. My car is sitting in an inpound lot. I only had state required insurance and the car is totalled. I reported everything to the loan company and emailed them pictures of the car. Each day the car sits on the lot it costs money. I asked the loan comp. for the title to pay off the lot and junk the car.
Now, the loan company tells me that because the accident was my fault it is not covered and I am still reponsible for the loan. That is not what the contract says. I was charged with careless driving. It states in contract that reckless driving will not be covered. There is a difference! The loan company is holding my title hostage. I need the title to have the car junked. Can I notify the state that I am relinquishing responsibility of the car to the lienholder? I have tried to work with the loan company but they refuse to return my calls or emails. What can I do?? Thank you!
1 Answer from Attorneys
I would need to see the actual terms of the contract to coment reliably. That said. The loan company does not (or should not) have the title. The title is in your name. The loan company may just be a lienholder. If your agreement says that if the car is totled then you are not responsible for paying the loan, then that does not mean that you have no responsibility for other costs that may have been incured (like storage for your totaled car) and, technicaly, if the agreement simply says you need not make payments on the loan, that does not mean that they must remove themselves from the title as a lienholder. The agrement may just be that your payment obligations are suspended, but that when the car is junked, the proceeds first go to satisfy th lien. Unless the agreement specificly says that what the ticket says controls, the loan company may still say that you were driving recklessly. It all depends on what the contract says.
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