What did you sign? You mention that the car dealer isn't "getting the money they wanted out of it", which implies that you probably did not actually sign a contract. Most automobile contracts from a dealer would be for a set amount....not for an indeterminate amount from an insurance company. In most states you will pay a transfer/sales tax on the vehicle when you attempt to transfer it, based on the purchase price, and you would owe that as well. If you DO have an actual contract to purchase the vehicle for "whatever the insurance company pays on my total-loss vehicle" then you should talk with an attorney in your area.about enforcing the contract, as it sounds like the dealer may have made themselves a bad deal.
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This is a contract question, rather than one dealing with personal injury or negligence, even though you are attempting to use monies that your automob ile insurance carrier is going to give you as a result of your car being totaled in an accident. If you have no written agreement with the Dealer, then there is really nothing to bind him and therefore, as a practical matter, nothing to prevent him from selling the car to someone else. Frankly, as pointed out by the other responder, the arrangement you describe seems unusual.
You need to consult an attorney with all of the facts and paperwork you have received and let them investigate and advise you. There are many issues to consider and that being said a more in depth look at what is going on is necessary before I can advise.
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