Legal Question in Personal Injury in Texas

In August 2009 I was rear-ended. Insurance company took liability in September, and in mid-September was deemed as a total loss. I released my car to the ins. co. because I did not want to retain ownership. Fast forward to June 2010. I am finally ready to settle. Ins. co. had previously given me an offer, which I took, about $7,000. I get a check in the mail for about $5,000 and in the comments section it claims that I retained ownership. Ins. co. had my car from the date it was deemed a total loss.
However it happened, I don't know... but my car was supposedly sold at an insurance auto auction and the ins. co. will not pay me the difference because they do not have the car. Well, neither do I! They said the car was deemed abandoned, and certified letters were sent to a previous lien holder and my sister, who was on the title. The letter to my sister was returned as undeliverable as addressed although it had her correct address. They're trying to claim that the car was abandoned, they "tried" to contact the owner and then sold the car. I call bs, but I don't know how to deal with it.
Here's what I'm thinking. Ins. co. contracts with holding facility, like a garage. Because they contract with them, the garage can't claim lien holder status on the car because the ins. co. is liable for holding fees, etc. Until I accepted offer, ins. co. would have to keep car, right? No matter how long (although I believe I have up to two years to settle, yes?) that it takes me to settle? The garage has ins. co. information, so when it came up to whatever point that my car was still there, 60 or whatever days and they wanted to claim it as abandoned they should have contacted the ins. co. on what to do with my car. Ins. co. would have record of whose car it was (it still had plates, vin, registration, etc) which could be matched up with an open claim. They'd then see that the claim was still open, and that nothing could be done with the car.
Am I correct in all of this? Or am I screwed? I can't see how the ins. co. can get away with this.

Asked on 6/15/10, 5:53 pm

Ryan Bormaster D. Miller & Associates, P.L.L.C.

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Call me at the office and we can talk about it. My legal assistant is Carrie. She can get you on my calendar. I don't charge for consultations.

Answered on 6/16/10, 8:43 am

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