328 Totaled - title issues | FerrariChat

328 Totaled - title issues

Discussion in '308/328' started by ducowti, Dec 24, 2017.

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  1. ducowti

    ducowti Formula 3

    Jan 27, 2008
    1,557
    NY/SC
    Full Name:
    David
    Distracted driver in a Tesla rear-ended my 059781 end of August. So much for auto-braking. Irony is I was moving it ahead of Hurricane Irma from a garage that would've been flooded to safe higher ground, and as it turned out Irma weakened and the car would've been fine in the garage. Frame is out of whack, and there's extensive driver side rear and rear quarter panel damage. Engine ok. Repair estimate is about $45K.

    Here's the issue: during a 4hour PPI by a well-respected wrench in CT in 2008 we didn't see any signs of accident/damage. Carfax on the factory VIN, for what little it's worth, was clean. At some point a Massachusetts VIN plate, which reads only 59781 for the VIN, was tacked to the driver door jamb. That VIN is what the DMV shows as the VIN of record, with no incidents/salvage title attached. My registration has the VIN as just MA 59781.

    My insurance carrier is subrogating this claim since the offender's insurer, State Farm, sucks and was not responding/acting towards moving fwd with the claim against it's insured. My carrier's digging, after several weeks, turned up a salvage title on the MA VIN 59781. That killed the value so they're totaling the car. Was notified only via email Friday afternoon so haven't been able to get a copy of whatever salvage title record they unearthed so I can get more information. They've yet to give me a valuation.

    I need to figure out what the hell is going on with this salvage title issue, and how to proceed. Never dealt with a totaled car so not sure, even if that's legitimate, what my options are.

    Can anyone offer and guidance/suggestions here? What are my options as far insurance/buying it back from them, and what's my recourse and who do I go after?

    I am still nauseous over this whole cluster phuk. Looks like I'm going to be pretty well screwed - values of course have increased since 2008 and whatever insufficiently low amount I'm expecting they'll offer will be nowhere close to getting me into another 328.

    Thanks.
    David
     
  2. Steve Magnusson

    Steve Magnusson Two Time F1 World Champ
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    Jan 11, 2001
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    #2 Steve Magnusson, Dec 24, 2017
    Last edited: Dec 24, 2017
    Shame about that misfortune. How did you get the car? Dealer, PP, some other way? Probably 90% chance that the remaining bits magically get another "clear" title ;)
     
  3. ducowti

    ducowti Formula 3

    Jan 27, 2008
    1,557
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    David
    Steve, was PP, but the guy who had the car in his garage was an agent of a NJ LLC run by a retired race car drive. The sale docs have the LLC owner's name, which was all on the level.
     
  4. henryr

    henryr Two Time F1 World Champ
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    Nov 10, 2003
    22,461
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    Juan Sánchez Villa-L
    i thought vins all had to be 17 digit for those years....
     
  5. ducowti

    ducowti Formula 3

    Jan 27, 2008
    1,557
    NY/SC
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    David
    It has the original 17 digit Ferrari VIN, but this Mass. VIN at some point mixed in and became the VIN of record w.DMV. Insurance docs reflect the Ferrari VIN.
     
  6. Steve Magnusson

    Steve Magnusson Two Time F1 World Champ
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    Jan 11, 2001
    26,911
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    Steve Magnusson
    #6 Steve Magnusson, Dec 24, 2017
    Last edited: Dec 24, 2017
    Have to think that you'd have some legal recourse against the Seller for the reduced value -- but we know how that goes...

    Unless that MA XXXXX number is also for a different much earlier car -- seems kind of lowish for a numerical sequence of cars sold in Mass -- like maybe for a '32 Ford ;)
     
  7. henryr

    henryr Two Time F1 World Champ
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    Nov 10, 2003
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    this assigned MA Vin is also 17 digit ?

    long story short - i am thinking the assigned MA vin is cross referencing with another car ?

    what state title does the car have now ?
     
  8. INRange

    INRange F1 World Champ
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    Jan 27, 2014
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    Well you got my curiosity up...here's the deal. Your car had one of the following conditions associated with it or it was salvaged before you bought it. I'm not sure which of these applied but once they put that sticker on.....everything is associated with the MA number.

    A Massachusetts-Assigned Vehicle Identification Number contains the prefix "MA" and five digits. The Vehicle Identification Number is issued on a pressurized decal with adhesive backing and tamper-proof features. Each decal carries a control number for accountability purposes.

    A Massachusetts-Assigned Vehicle Identification Number will be issued for the following:

    • Vehicles with a missing or destroyed vehicle identification number
    • Vehicles with a new motor
    • Replica Vehicles
    • Specially-Constructed Vehicles
    • Street Rods
    • Custom Vehicles
    • Glider Kits
    • Kit cars
    • Homemade trailers with a gross vehicle weight rating greater than 3,000 pounds
    To make an appointment to have a Massachusetts-Assigned Vehicle Identification Number affixed to a vehicle, a customer should call the Massachusetts State Police Salvage Title Section


    I would give the Massachusetts State Police a call and ask them why the car has the sticker on it.
     
  9. ClydeM

    ClydeM F1 World Champ
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    sue Tesla for not autobraking??? Rotsa Ruck

    There's no pic, but $45K estimate seems kind of low. But any damage can be fixed. If that's what you want have it repaired, get it appraised, reinsure it & drive it with the salvage title.
    IMHO - it will never be the same. And these are older cars. when things got shifted from the impact, other things will start to go wrong like perhaps motor mounts, drive shafts/bushings, cracked headers from the exhaust shifting, etc.
     
  10. ducowti

    ducowti Formula 3

    Jan 27, 2008
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    Neg, the MA VIN is 5 digits (see below post by INRange for more MA VIN detail). Title is SC.
     
  11. henryr

    henryr Two Time F1 World Champ
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    Nov 10, 2003
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    1)so it originally had a 17 digit vin and a 17 digit title

    2) something happened and was issued that MA VIN with a MA 5 digit title

    3) the SC title is 17 digit ? and what title did you buy it with (MA 17 or 5 or another) ?
     
  12. ducowti

    ducowti Formula 3

    Jan 27, 2008
    1,557
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    1. Yes
    2. Apparently
    3. SC title reflects the 5 digit MA VIN, which is evidently the original 17 digit VIN's last 5 digits
     
  13. henryr

    henryr Two Time F1 World Champ
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    Nov 10, 2003
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    so based on number 3 this really shouldn't be a surprise as when you bought it had a 5 digit vin..

    i was thinking that somebody had gone back and washed the title getting a duplicate 17 digit and then selling the car to u
     
  14. 308 milano

    308 milano F1 Veteran

    Jan 15, 2007
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    I find it strange that there would be no other notations on the title alerting the owner besides the five digit Vin. Salvage\flood \ theft recovery etc, just doesn’t make sense.. had a used dealers license for approximately 10 years while we had the body shop. The five digit Vin would be there to alert the clerk/recorder and then should be spelled out on the face of the title for any prospective buyer/owner. Even when you were purchasing insurance, as soon as the vin was logged in to the system it would kick back a big red flag. Tried something similar in my younger days while purchasing insurance for a Porsche turbo, decided to not tell the underwriter the “turbo” part, within 15 minutes of running the Vin my premiums increased significantly!
     
  15. dwhite

    dwhite F1 Rookie

    It sucks with what happened. Couple questions, you did not have collector car insurance with an agreed value? And if you did, you did not ever increase the value when things changed 3-4 years ago. Is this the situation? Trying to understand what the insurance company really is liable for.

    Let see some pics of the damage. My gut would be get a different car regardless, but how bad is the damage.
     
  16. dm_n_stuff

    dm_n_stuff Four Time F1 World Champ
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    Dec 10, 2003
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    Dave M.
    Your insurance company didn't raise this issue when you went to insure it?

    What's on the title? The registration? The full 17 digit number? or this 5 digit abomination? Do you have a copy of a MA registration for the car? I'd order from from MASS DMV if you can.

    Someone is jerking your chain. A salvage title in MA is not saleable or insurable, as it can't be licensed for the road. It has to have a reclaimed title, which is issued post inspection following the issuance of a salvage title and the appropriate repairs are made, which is clearly marked on the front of the title in a box center-right.

    Once a "salvage" or "salvage - reconstructed" title is issued, it carries that from state to state if the title is transferred. No way to wash it off.

    Given all that, it would HAVE to show up on a title search unless it was somehow omitted when the title was last transferred.

    Last but not least, it most certainly would have showed up when you went to insure it, and there would have been some questions from the insurer at that point.

    This is f'ed up.

    D
     
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  17. ducowti

    ducowti Formula 3

    Jan 27, 2008
    1,557
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    David
    Didn't have collector insurance - lesson learned :/ Didn't think about revisiting that once values started increasing as they did a few years back. The claim started out ok w.the adjusters (field and claims) apparently understanding the value, even when the repair est came back at 45K, until they discovered this salvage issue. I'll get more detail from them tomorrow assuming they're not out from 24th to Jan 3 like so many offices.

    The driver door doesn't shut and the targa top doesn't fit after the impact so know there's frame malignment. Engine compartment appears intact. After part of the rear bumper was cut away from conflicting with the left rear tire the car started/drove fine onto the lift. I haven't seen the shop's detailed estimate yet, but will try to get that now we're past the holiday.

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  18. ducowti

    ducowti Formula 3

    Jan 27, 2008
    1,557
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    I concur, this is f'ed up. Insurance co didn't raise or have any issues w.the MA VIN - looks like they ignored it until it came time to claim damage. Registration shows the MA VIN, but the insurance card and policy show the 17 digit factory VIN.
     
  19. dwhite

    dwhite F1 Rookie

    #19 dwhite, Dec 26, 2017
    Last edited: Dec 26, 2017
    To me it does not look like anything close to 45K, but I know repairs today are outrageously expensive. Who is your insurer that they can't get payment from a rear impact, those are almost automatic. What does the police report state as cause, if any.

    You should have gone to the hospital to have your back and neck checked after an impact like that.

    I hope it works out, I would not be happy either if I were you. It just seams like an unreasonable length of time to still have the claim open.
     
  20. 308 milano

    308 milano F1 Veteran

    Jan 15, 2007
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    Family owned a body shop for over 30 years.. that’s totaled :(
    Only way I would even consider fixing that ( and I wouldn’t ) is with a complete rear clip. Get the insurance check and start searching for another 328
     
  21. nerofer

    nerofer F1 World Champ

    Mar 26, 2011
    12,083
    FRANCE
    I'm completly "out of my element" here ("Shut the f..k up, Donny, you're out of your element" Walter Sobchak / John Goodman "The Big Lebowski") considering the discussion about the Title...
    But just in case..."Ducowti's" car seems to be an euro 328 and there is an euro 328 used rear clip for sale on E-Bay U.K these days.

    https://www.ebay.co.uk/itm/FERRARI-328-GTS-Back-End-CLIP-CLAM/152832736434?hash=item23958a7cb2:g:EVYAAOSwfZhXMvSX

    Sorry for your troubles, Ducowti.

    Rgds
     
  22. BigTex

    BigTex Seven Time F1 World Champ
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    Dec 6, 2002
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    OK...deep breath....

    IF they accepted the insurance payment, they are on the hook for making you ""as before" under your policy. with a big BUT see more below...

    Modern insurance knows NOT what they are doing valuation wise, and with my FIRST incident I learned you have to ACTIVELY 'manage the claim"....they are going to "Total your car using NEW parts and shop labor rates. Point out to them the NEW parts are not even available, you will be calling FerrParts or Trutlands and finding a donor car for the metal.

    They also fear future liability, but tough for them you want it FIXED.

    The your title issues also disappear, you still have it (and can figure out any way forward to resolve.)

    Forget the Buy Back siren call, only certain Certified Rebuilders can by back a totaled car.
    That's a rigged game too.

    Manage the claim. back to some "smaller number" against what "they think its worth" and this will be your field position.
    Yu did go worong without "Stated Value" as the ratio of "damage to value is higher I have been told....maybe 80% rather than the 60% we throw in the towel" of a normal street car (and future liability and supplenetals.

    Once you have a "loss check" in your hand (and release them from the trap) then you find a Hot Rod Shop that will FORGET the damn horse, and weld your car back up in a sensible manner. Modern insurance is built around 100% parts support, and a shop that can strip, rebuild, and paint and redeliver in three days time.

    NONE of that applies to our cars!

    IF there is frame deflection then maybe you want to think about that.
    But "in the old days" we straightened frames as well, having the factory dimensions on file.
    We used big chains and bolts in the floor.

    Call me if you like, I have played this game a few innings already!
     
  23. BigTex

    BigTex Seven Time F1 World Champ
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    See?

    Nerofer just supplied ALL of you parts, for $8K!!!

    The Euro VIN may have been the start of the MA confusion, I can tell you Tax Clerks know jack &(^%^( about 5 digit VINs or, a 17 that did not MATCH THE BOOK...
     
  24. BigTex

    BigTex Seven Time F1 World Champ
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    Dec 6, 2002
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    If your card shows the Fcatory VIN, your carrier is hooked.

    Don't give up!
     
  25. ducowti

    ducowti Formula 3

    Jan 27, 2008
    1,557
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    David
    Thanks Tex - I don't roll over easy and don't plan to take it up the ice. I haven't even spoken to my carrier yet - this is all pretty fresh. Will update once I have that conversation...
     

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