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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 99470
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My car was reported as junk after an accident I had. I only

Customer Question

My car was reported as junk after an accident I had. I only found out when I went to sell it. Insurance company, tow company are not responding. Can I sue both of them?
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  LawTalk replied 6 months ago.
Good afternoon,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please. 1. By "junk" do you mean that the insurance company declared the property damage to your vehicle a "total loss" and allowed you to keep the car after paying you on the damages?2. What is it you feel the towing company did to cause you harm? Doug
Customer: replied 6 months ago.
On the National Motot Vehicle Title Information System the car is listed as junk, salvage records. The towing company is the one listed as the source of the information. I am attaching the reports for your records. I spoke with them and they said they had nothing to do with it. This reduces the value of my car by $10,000.
Expert:  LawTalk replied 6 months ago.
Hi, Let me ask this another way. Was your car totaled in an accident, or not?
Customer: replied 6 months ago.
It was not, but on the report I sent u from the national motor vehicles title information is listed as junk. Therefore value dropped significantly. This needs to be deleted since it was not junk.
Expert:  LawTalk replied 6 months ago.
I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.I apologize for any inconvenience and wish you well in your future.Doug
Expert:  Ely replied 6 months ago.
Hello. Your previous expert has opted out and I have opted in. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one. There is a specific cause of action that may apply, called slander of title. Slander of title occurs when: (1) Defendant communicated to a third person;(2) A statement disparaging plaintiff’s title;(3) The statement is untrue; and(4) Defendant’s communication caused plaintiff to suffer actual damages. In essence, if the falsity disparages a property interest of a person, then that person can sue. Slander of title is also known as "title disparagement of property," "slandered goods," "trade libel," and "injurious falsehood." Collier County Publishing Co. v. Chapman, 318 So. 2d 492, 494 (Fla. 2d DCA 1975), cert. denied, 333 So. 2d 462 (1976). So there may be a case here, as the falsity about the validity of the title and state of the vehicle lowers its value.The problem is that someone in your situation would have to find out WHICH company sent such a report. One can write to the National Motor Vehicle Title Information System and if they provide which party did this, then they may be liable. If they do one, one can file against John Doe and subpoena this information, and then once the party is known, the suit may be AMENDED from John Doe to the party and the suit may go forward. It is recommended to use counsel for this, if possible. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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