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is insurance company responsible for stolen items in car while in their storage?

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redphoenix5000

Guest
What is the name of your state? California

My story began on Dec 19, 2001 when my car crashed into a concrete barrier in Monterey county on Highway 101 and was totaled. After filing the police report, my car was towed 50 miles north in San Jose (2 1/2 hours away from Sacramento where I live). This is where my car was looked at and declared as totaled. It is also in San Jose where my insurance agent told me that my car will be kept in storage where I can come and pick up my personal items that were in the car. Background: this was my only car and I am the only person that I know that has (had) a car. I explained this to my agent as I couldn't bring all my stuff back on Amtrack and walk home 3 miles with a large heavy box. She advised the storage place will mail it to me. Later I check up on that and she tells me that they said there is too much there and the shipping is too costly. A month or more goes by as I'm trying to juggle full time school, a sickness that hopitalized me and trying to think of how I can get my stuff. I decide to call my agent and offer to cover the shipping cost and she transfered me to the storage place but refused to give me their name and phone number. When I spoke to them, they said they'll forward it to a different agent in San Jose and she agreed to ship me the items free of charge. ***The problem is that once I received the box of my personal items, everything of amy remote value was missing. I did a mental inventory and assessed that over $1,500 worth of items are now gone. I called my original agent for the storage place's number so I can determine if my stuff is truly stolen so I can file a police report but she refused to give it to me a second time. Please note that the car is still under my ownership. Honestly, I don't have the time for small claims court, but I'm out of $1,500 of my belongings and someone should be responsible for it. What can I do? Who can I go to?
 


stephenk

Senior Member
what did you have in the car that totals $1500? Do you have receipts for the items?

what is the reason being given to you by your insurance agent for not providing the name and address of the storage facility? Ask to speak to the agent's supervisor if you are not getting any cooperation?

when you first reported the accident claim, did you tell your insurance company that you had over $1500 worth of items in your car?

Get a copy of the police report and tow report. When a car is impounded the contents are supposed to be inventories.
 
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redphoenix5000

Guest
$1,080 worth (72) CD's, a CD organizer, $350 eyeglasses, two kitchen appliances, a box full of books, a strand of garnets, a $56 rosary, $45 cologne, other miscellaneous personal items. My estimates are low and I have reciepts for the eyeglasses only.

My agent's stated reason is that that information is not part of the claim.

I did not tell my insurance company of the value of my personal items at the initial call - almost got killed less than an hour beforehand and I wasn't considering those things. I did advise my agent, during the insurance company's first callback, that I have many valuable items including my eyeglasses which I needed right away for my schooling. I advised her of my predicament that I was unable to get to my car. This is where she offered to have the storage place send my items but weeks later (by my prompting) told me they refused based on the amount of items.

Thank you for your advice. I will follow up on the police report as you suggested. Is my case weak?
 

JETX

Senior Member
"Is my case weak?"
*** Not just weak, it is almost non-existant. Simply, there is no way that you can prove the loss.... nor is it 'normal' for someone to drive around with that type of 'stuff' in their car, making it even more unbelievable.
 

alchemist

Member
Personally I'd believe the CD thing. A growing number of people have a large CD collection in their cars if they use it for business or commute a lot.
 

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