jerry gollnick

AZDoug

Legally, that simply isn't how it works, whether you like it, or not.

The law considers items like this as fungible, exchange for cash, and use cash to go buy another car, even if the stolen car has some emotional attachment to you. You are considered to have been made whole.

The law doesn't care.

The law is also screwed up when someone can steal a basket case car worth $5000, and sell it, change VIN, whatever, sell it to some innocent victim who either spends $100K restoring it, or simply pays $100K outright, the car is later discovered as once stolen, and the law seizes that vehicle and hands it back to the owner 30 years later with $95,000 worth of free (to the original owner) work done.

Return of stolen property laws that worked with horses and mules, and gold coins, do not necessarily work equitable with item that may have lots of subsequent improvements done to the item.

Jerry, if you want your car back, go buy the damn thing from the current owner, the Ins paid you, it isn't yours anymore, don't try to enrich yourself at someone elses expense.

Doug

SupremeDeluxe

What is most staggering to me is that this car achieved Bloomington Gold three times, all before the change in guidelines to allow non OEM or "born with" engines to achieve that distinction. Must be a hell of a restamp!

GTOguy

Regardless of Jerry's lack of real legal recourse at this stage, A felony crime WAS committed, and the scumbag who stole his car back in 1998 got away clean and has gone unpunished. This is not right, and doesn't sit well with me, either. I would be backtracking the owners of this car until I got to the P.O.S that stole it, and go from there.

jerry gollnick

emccomas

OK Jerry, so you have a place to start, the owner that campaigned the car through NCRS and BG. He owned the car from at least 2009.

Start with him. You have the contact information.

fullcontrol

Might want to place a call to BJ before August to avoid another unsuspecting buyer.

emccomas

Jerry Gollnick has the contact information for the person that owned the car from at least 2009 to March of this year. The car was registered in Alabama during this time. The car has it's original VIN tag, as far as we know.

The car received an NCRS Top Flight award at the Texas regional in 2009. The car was sold at Barrett Jackson Palm Beach in March of this year. The same person owned the car during all of that time.

Jerry Gollnick, please tread carefully, this will be a sensitive issue, and many of the people involved may not have done anything wrong.

Good luck with the research.

Kerrmudgeon

AZDOUG.......I disagree with your summation and will leave it at that. We will agree to disagree. Maybe he liked it the way it was. It's up to him, it's his car.

jerry gollnick

TCracingCA

take the new parts off and leave them somewhere for the current Owner to come and get them! After dropping a cash filled envelope for the old settlement amount addressed to the current CEO of State Farm.

Everyone the car was stolen!

But got to read the fine print in that pay out, insurance settlement is still my opinion!

And I don't like the last couple of owner's anyways because of all of the false bull fabricating up a history and the fact of it getting past my favorite NCRS crowd with a Top Flight and even the Bloomington Gold so called experts. I would like to know what possible dishonest shop restored this car and who created the phony identity of a dual carb car!

And seriously think about the next observation, but I have always thought a requirement for Top Flight should be original paperwork has to exist! and for Bloomington gold all original parts whether that be restored original or NOS, but no repops!

PS Just so judges have something to do, that if you don't have the paperwork, you are still eligible for a Phony Flight and a Bloomington Fool's Gold award to go with your foreign repop parts!

AZDoug

But it isn't Jerrys car anymore, he sold it to the insurance company. Not by choice, but he sold it.

It is no different than losing your job and having to sell your house because you lost your job, or the house gets foreclosed on. It is an unwilling sale or repossession.

Should the person who lost his job and sold his house be able to go up to some subsequent owner and say, hey this is my house, I used to own it, but had to sell, so get the **** out and let me move back in?

That scenario actually happens, someone who lost a house to foreclosure reads this sovereign citizen BS,and breaks into their old house, moves the current occupants stuff onto the lawn,and posts some fictitious legal document on the door.

Then the police get called, they break into the house, arrest the assh****s, and take them to jail, and the current owner is left with a mess because some people can't grasp the concept of rules and laws and legal ownership.

Edit: if one has vehicle stolen,a nd it is insured, they ahve two choices, they can either sell ownership of the vehicle to the ins co for a $$ amount, or they not make a claim, and retain legal ownership of the vehicle if it is ever recovered. Nobody forces you to sell your stolen vehicle to the Ins co.

Doug

TCracingCA

bad analogy! but you have two more tries!

Oh indy is back running after yellow, later!

vettebuyer6369

He doesnt need an analogy.

If someone's car was stolen and never recovered and he had no insurance, he would have some rights to ownership years later. Maybe. Depending on local statutes.

If someone's car was stolen and he received an insurance settlement for it, it ceased being his car. It was the insurance company's car at that point. It's not his car.

The subsequent (fake?) route to Top Flight and Bloomington Gold is certainly interesting to say the least. I'm not understanding the stuff about the interest in the car's ownership the OP might have though. He has none.

TCracingCA

hey Jerry,

If State farm didn't keep any of the records, then no pay out to you ever occurred! Get my point! I think you just mis-spoke! You would have did lunch with me, if you would have actually have gotten a settlement! And we never did lunch!

True analogies are only to get ones point across to the truly ignorant, but it still has to be a good and valid one first!

65 fi

Not an insurance agent, actuary, or attorney but:

The car was never recovered, the settlement was taken under duress, the car has been located. IMO, there should be recourse.

Possible scenario:

Contact State Farm and offer to refund the settlement with interest (inflation calculators are readily available on-line); ask for the title to be sent back to you from State Farm; notify the appropriate agencies in your area and ask they impound the car. The current owner may be willing to participate in back-tracking the chain of owners and see incremental restitution enacted against participating owners or their estates.

Other scenario:

Contact current owner after receiving the title back and agree to a sale where each of you feels you have made whole.

Last scenario:

Call it a day and walk away. (I do not agree with this one as the car was yours).

One other thought: in my experience the insurance company will typically allow first chance of refusal to go to the person who experienced the loss.

I went to see Woman in Gold last night. Different? Not really.

AZDoug

Exactly correct.

Jerry did not take the ins cos settlement "under duress", nobody held a gun to his head and made him file a claim, or accept and cash the settlement check, or make him sign over the title in exchange for that check. he called up the Ins co voluntarily and filed a claim, the Ins co paid out.

An Ins co will NEVER sell a recovered item back to the claimant once it has been settled out, if the item is recovered, it will go up for auction, and the previous owner will have a chance to bid on it, if he wants.

If Jerry wants his old car back, he will either need to convince the buyer to sell it to him, for an agreed upon price, or if the Ins Co asserts some right to the vehicle if it is ever seized, it will go up for auction, and Jerry can bid on it then along with everybody else. he will just have to outbid the next highest bidder.

He is not going to get the car handed back to him.

This has been an instructive thread, i can say that some of you will never visit my house, as I would have to lock up the valuables, and count the silver ware.

Doug

jerry gollnick

TCracingCA

It would probably prevent some of our cars from being stolen, since every yayhoo investor type wouldn't be able to get those credentials so easily!

65 fi

Doug, your statement: "An Ins co will NEVER sell a recovered item back to the claimant once it has been settled out, if the item is recovered, it will go up for auction, and the previous owner will have a chance to bid on it, if he wants." is not true.

Jerry, You may want to pursue this with the Insurance Company and Adjuster. Duress does not mean a gun held to your head. Duress is a feeling of no other options are at hand. If someone tells you that you can either accept a total loss or you can accept a payment for a title that can be Duress.

Duress Definition
dictionary.search.yahoo.com
n. noun
1. Compulsion by threat or violence; coercion.
confessed under duress.
2. Constraint or difficulty caused by misfortune.
3. A fraud achieved through the use of a threat or compulsion.
She had a cause of action for duress. His claim was based on duress.