CHARLESTON — A man says Nationwide Insurance Company of America wrongfully sold his vehicle without permission.
Toyota Motor Credit Corporation was also named as a defendant in the suit.
John Rogers' daughter was traveling in St. Albans on Sept. 30, 2022, in his 2022 Toyota Rav4 when Nationwide's insured turned in front of the vehicle and caused a collision, according to a complaint filed in Kanawha Circuit Court.
The investigating officer determined that Rogers' daughter had the right of way and was not at fault and Nationwide accepted full liability for the claim.
Rogers claims due to the extensive damage to the vehicle, it was towed to Chandler's Garage in St. Albans and was deemed a total loss.
Toyota paused monthly payments while the claim was being processed, but was never notified by Nationwide regarding the vehicle or the claim and on Oct. 18, 2022, a power of attorney form was sent to the plaintiff from Nationwide, according to the suit.
Rogers claims he reached out several times to Nationwide about the form but never heard anything back and he did not complete or return the form. He claims he never authorized Nationwide, at any time, to operate as power of attorney regarding the pending claim.
Rogers claims one day he logged into his Toyota app on his phone and saw that the previous balance had been reduced to $1,000 on the vehicle and he discovered that Nationwide had sold the vehicle without his permission and paid Toyota.
"It is the plaintiff's position that because the power of attorney form was never signed or completed, Defendant Nationwide never legally obtained permission to access the title of the care and that Defendant Toyota did not take any administrative actions to confirm the same before paying off the Plaintiff's vehicle loan," the complaint states.
Rogers is seeking compensatory damages. He is represented by Michael M. Cary of Cary Law Office in Charleston.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 23-C-784