Stolen Vehicle- now found

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

I have a small problem...my car was stollen Oct. 5, 09 and made reports with the PD and INS company. In our conversations with the insurance company we were told that once we settled that the car, if found, would be the property of the insurance company. They gave us a settlement amount and we agreed- the adjuster sent 80% of the settlement and would receive the other 20% after completing the necc. paperwork. We received the money, filled out the paperwork and sent the paperwork and signed title on a Sat. On Sun I got a call from the police saying the call had been found. I notified the insurance company and was told that they would get back to us after it was looked at to determine damage. It was found to have ~$900 damage and that because it wasn't totalled we had to send the settlement money back. We said we didn't want the car and that we had already settled, so it was their property. They demanded that we returned the money and retrive the car asap. We got a letter in the mail today stating that we need to get the car from the tow company and now to send only the difference from the check they had sent and what they appraised the damage at.

My question is- wouldn't it be their car if they had already settled, despite it not being totalled? Also, is it wierd that now they are saying keep ~$820 to get it fixed, but send us the rest that we had sent??

Thank you so much for answering this!

Amy

You think you deserve to get the entire value of the car when there's only minimal damage? Please! You should be thanking your lucky stars that you still have a car and it will only take a few days to get fixed! Most people would be thrilled. MOST recovered stolen vehicles are either stripped or crashed and totalled, you are very lucky. Don't make the insurance company take you to court, and don't rack up further storage fees beyond what they will pay for, by refusing to pick up the car.

That's not my point.

We were told that if it was found after, they would be the owners of the vehicle- they have the title. They said they would auction it unless we wanted to buy it back from them. I only know what they said the damage was- I don't know what else is wrong with it because you can't start or drive the car currently. I was also told by the tow company it was trashed inside- I don't know where it was, what they did in it, what they did to it, or did while they were in it. I am not comfortable with the whole situation- it's an old car- anything could be wrong with it at this point.

I just want to know rights and legalities, not be given a lecture.
Thank you

aaswanson said:

That's not my point.

We were told that if it was found after, they would be the owners of the vehicle- they have the title. They said they would auction it unless we wanted to buy it back from them. I only know what they said the damage was- I don't know what else is wrong with it because you can't start or drive the car currently. I was also told by the tow company it was trashed inside- I don't know where it was, what they did in it, what they did to it, or did while they were in it. I am not comfortable with the whole situation- it's an old car- anything could be wrong with it at this point.

I just want to know rights and legalities, not be given a lecture.
Thank you

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Legally, it's still your vehicle.

Have it towed to the shop of your choice so they can do a more thorough appraisal of the damage. If it turns out the car is totalled after all, then you can proceed with that.

It sounds like if the title had been transferred, then it would have been too late and the insurance company would be stuck with the car. But since the title transfer wasn't complete, it's still your car and they can proceed with the non-total-loss claim.