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Stolen Car Claim Denied

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stolencarassist

Junior Member
My 1999 Honda Accord was stolen from my sister's boyfriend's condo in Honolulu, HI on the 29th of Sept sometime during the night.

The Honda was in my name with her as a driver on my insurance policy. I did the right thing and got her on the insurance and comprehensive along with roadside assistance coverage for the Honda from Progressive Insurance after purchasing the car. My sister was the primary driver of the car.

The car was stolen and we immediately reported it to the Honolulu Police Department. I filed the claim with Progressive that day of the theft. The car was found a week later about a mile down the street from the original stolen spot with the radio stolen out of it and the trunk completely ripped out.

The Progressive Agent who I worked with went on leave three times during the claim and I was not able to get a hold of him for status of the claim. I had to discuss the claim with a person who was "assisting". They tow the car into a auto shop and found that there was no signs of break in and popping of the engine with the car. I requested them to run an engine fluid test concerned about the condition of the car. Progressive ran the tests and passed the claim to a SIU (Special Investigative Unit). The SIU agent did a investigation on the claim. We had to report our cell phone records and bank records along with file out information on the car. Information such as when my sister took the car to the mechanic shops etc...

The SIU agent interviewed us with record of the interview and claim that we stole the car ourselves!! :eek: Our motivation was that the car had prior engine damage. The proof was one mechanic shop visit when my sister recharged the AC and the gasket was changed with the words written on it "engine running rough." She doesn't even remember that she had a gasket changed, so she did not disclose that information. We are not mechanics… The SUI agent stated that since there was no proof of break in, then the original keys were used to steal the car. It has taken 2.5 months to complete the claim. In the end, they denied the claim stating “misrepresentation” of the theft.

I am wondering if this is a viable case to bring to court in small claims court. I know that the costs of the car is worth less than the cost of the court costs, lawyers, etc… However, I know that my sister and I would never steal our own car! (Even if we were to do the job, we would have at least burnt the car and dumped it into the ocean!!)

We are pursuing this case based on principal and integrity. We are also seeking justice. Do you believe that we could win a case in small claims court?

Thank you for your assistance!
 


Dave1952

Senior Member
Are the police finished with their investigation? Do they plan to have you (or the sister et c.) charged with fraud? Do you wish to open the fraud "can of worms" by suing? Remember that in a civil case the standard of proof is lower.
The problem is that all of the pros think that the theft was an inside job. Of course they might be wrong. But then again, they might be right.

Good luck
 

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