Phone taken as evidence/Insurance

[DT123]

What is the name of your state (only U.S. law)? New York

Hey everyone. So a bit of backstory. Recently I was arrested in a situation involving a few other people. After a few days I was released and everything (at least for me) should be OK. I was able to get all my belongings back that were taken during the arrest except my cell phone which is being held as evidence. I spoke to my lawyer and he said he would try to have it released back to me but from what i understand this could take a while and I cant really be without a phone for long (it's already been 5 days).

What I was wondering is, since I pay insurance on the phone in the event of it being lost or stolen, can i claim it as such to my carrier? Though its not technically lost or stolen, I still dont have access to it. I cant afford to pay for a full price phone right now but i can afford the deductible if I make a claim. I'm just worried it might be a false claim. Any Information would be greatly appreciated.

Thank you.

 

[Just Blue]

What is the name of your state (only U.S. law)? New York

Hey everyone. So a bit of backstory. Recently I was arrested in a situation involving a few other people. After a few days I was released and everything (at least for me) should be OK. I was able to get all my belongings back that were taken during the arrest except my cell phone which is being held as evidence. I spoke to my lawyer and he said he would try to have it released back to me but from what i understand this could take a while and I cant really be without a phone for long (it's already been 5 days).

What I was wondering is, since I pay insurance on the phone in the event of it being lost or stolen, can i claim it as such to my carrier? Though its not technically lost or stolen, I still dont have access to it. I cant afford to pay for a full price phone right now but i can afford the deductible if I make a claim. I'm just worried it might be a false claim. Any Information would be greatly appreciated.

Thank you.

lol! No ...You can't make an insurance claim. Stop being silly.

 

[HighwayMan]

Seized as evidence does not equal lost or stolen.

 

[justalayman]

You go out and buy a cheapy phone out of pocket to replace the one seized for evidence. You have your carrier activate the cheap replacement and deactivate the other one.

The only concern might be an early termination fee. I can see where the fee might be invoked but it will depend on your contract. That may be avoidable given the situation but no guarantees.