Vehicle Theft Question

[marteen]

What is the name of your state? Louisiana

My vehicle was stolen from my New Orleans home five days ago and has not been recovered. According to police, it may have been used in connection with multiple home invasions in my neighborhood, and Lord knows what else.
If the vehicle is recovered in drivable condition, the insurance company wants me to take the car back. I do not want to drive a car that could be a target for revenge. Could I claim some sort of personal safety issue here and force the insurance company to treat the car as if it were totaled, or something similar to this? Anything to prevent the possibility of driving a "marked" vehicle.
This is my first post on this forum. Thank you for allowing me here and for any advice.

 

[JETX]

Could I claim some sort of personal safety issue here and force the insurance company to treat the car as if it were totaled, or something similar to this?

You could certainly try to claim anything you want.... however, the insurance company has no obligation to agree with your claim.

 

[marteen]

Well, yes. I could claim the car is infested with invisible monkeys whose ear-piercing cackling makes it impossible for me to concentrate of the road and try to force the insurance company keep the car. But, this is a tangible fear of mine and I mean more specifically, is anyone aware of a legal precedent for this type of thing.
I understand I could push this issue in court based upon the language of the policy and the circumstances of the theft. I could pursue this just as I could pursue the angle w/the monkeys. I wanted to know if anyone with knowledge of this subject thought my concerns would hold water w/the insurance company and whether or not it was likely they would go along with it.

 

[ecmst12]

Totalling the car is a PURELY economic decision. If you don't want it anymore, let them repair the thing, then trade it in.

 

[alnorth]

Well, yes. I could claim the car is infested with invisible monkeys whose ear-piercing cackling makes it impossible for me to concentrate of the road and try to force the insurance company keep the car. But, this is a tangible fear of mine and I mean more specifically, is anyone aware of a legal precedent for this type of thing.
I understand I could push this issue in court based upon the language of the policy and the circumstances of the theft. I could pursue this just as I could pursue the angle w/the monkeys. I wanted to know if anyone with knowledge of this subject thought my concerns would hold water w/the insurance company and whether or not it was likely they would go along with it.

Not a chance.

This car is not going to be totalled unless the physical damage is more than the value of the car minus salvage. Even then repairing vs paying total loss is strictly the insurance company's choice, not yours. If you dont like the car for whatever reason other than physical damage when it is recovered, then that is your problem.

 

[StephenH]

You may want to see if the Police can order the DMV to change your license plate number for privacy reasons, and to clear your vehicles record of any criminal activity.

 

[las365]

Well, yes. I could claim the car is infested with invisible monkeys whose ear-piercing cackling makes it impossible for me to concentrate of the road and try to force the insurance company keep the car.

Ah, the invisible monkeys, they are a problem.

marteen, I like you and I totally understand and appreciate your concern. However, unfortunately, auto insurance coverage isn't designed to address such a situation. On the bright side, maybe the car wil be damaged enough to be a total loss when (if) it is found. Be aware that even then, you are not likely to feel that the amount your insurance company pays is really sufficient to replace the car.

If the car is found and you have to take it back, your obvious solution is to sell it and get another vehicle. It will probably cost you money to do so. Such is life. I also suggest that you look into whether Louisiana has a Crime Victim Assistance fund that provides some kind of monetary assistance to people who are victims of crime - if so, it may provide some compensation for your monetary loss that isn't covered by your insurance.
Good luck!

 

[marteen]

Thanks for the advice, everyone. I realize what I was asking was unusual, but thought I'd test it out on an advice forum before I asked an insurance company. It doesn't appear as though I'll need to worry about it though. The car has been recovered, but not before it was set on fire and allowed to burn itself out in an abandoned part of town.
I hope insurance and the police work well together and that this is resolved quickly. Thanks again.