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Car STOLEN, recovered - but used for drug smuggling

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CALIFORNIA

Okay - I cannot find anything related to our situation, so hopefully someone can help! Here's a quick synopsis of the situation.

1. Our 2018 Honda Odyssey (still so new!) was stolen while we were on vacation in San Diego. That means we were stranded with no car seats, no stroller, and most of our belongings gone - and with 4 small children.

2. Two days later, our van turned up. Front and rear bumpers had been removed and put back on, license plates switched out with the ones you see on a new car from the dealership, and random vandalization inside the vehicle (they CUT our car seats out with a machete...that was found in the third row). All the evidence together - per police - is a clear indication that our vehicle was used to smuggle drugs.

3. The next big thing was noticed is that the vehicle has an awful odor. It has a sweet smell (per my friend who lives down there and is helping me, and according to the mechanic our insurance sent the van to). Apparently, per the police, this is most likely evidence of the use of meth in our van.

So my questions are: is this enough for our car to be considered a total loss? What is reasonable for an insurance company to do? To me, ANY chance of there having been drugs in my car makes it unsafe to put my children in. Also, does my car being used for illegal activity have any weight in our case?
 


PayrollHRGuy

Senior Member
So my questions are: is this enough for our car to be considered a total loss? What is reasonable for an insurance company to do? To me, ANY chance of there having been drugs in my car makes it unsafe to put my children in. Also, does my car being used for illegal activity have any weight in our case?
Have you gotten any quotes as to the cost of ALL repairs? And if so how much?

Have you checked the replacement value for a 2018 with the same miles?
 
What has the insurance company offered?
So far, nothing yet. Progressive is our insurance carrier and I feel like they're intentionally not giving me anything...

I'm wondering if I need to ask to work directly with his supervisor. He has admitted to me and my friend that he has no experience with anything even remotely close to our claim. And right now he says he's waiting on information from his supervisor for what to do about the concern for meth contamination.
 
Have you gotten any quotes as to the cost of ALL repairs? And if so how much?

Have you checked the replacement value for a 2018 with the same miles?
No quote for repair yet, but the inspector/mechanic that Progressive sent the car to said that the damage definitely won't be more than the ACV. It's a 2018 EX-L with NAV and RES, and the repairs themselves are relatively minor. Needs a new third row, new repair bumpers, some cosmetic scratches...

I just don't feel like its in good faith to put a family back into a vehicle that was used for drug trafficking :( But I don't know if that has any legal bearing
 

PayrollHRGuy

Senior Member
No quote for repair yet, but the inspector/mechanic that Progressive sent the car to said that the damage definitely won't be more than the ACV. It's a 2018 EX-L with NAV and RES, and the repairs themselves are relatively minor. Needs a new third row, new repair bumpers, some cosmetic scratches...

I just don't feel like its in good faith to put a family back into a vehicle that was used for drug trafficking :( But I don't know if that has any legal bearing
They will total it well before the repair cost gets to the current value. But that said your damage doesn't sound close to enough to total it.

Before you take it back ask the PD to come out with a drug dog to sniff around. If there are no drugs in the car this isn't a problem.
 
Get it repaired and then trade it in for a new car.
Problem with this is, it's so new we owe more than its worth. We have GAP insurance but that doesn't help us if they don't total the car. And I don't want to manipulate things - I really feel like it can't be safe to have a family in a vehicle where meth was used and drugs were smuggled. Who knows what else happened in there.
 

PayrollHRGuy

Senior Member
Feel free to tell them that but it won't do much good for you.

Other than having a chat with your insurance company what do you want out of this in the end.
 

Zigner

Senior Member, Non-Attorney
Problem with this is, it's so new we owe more than its worth. We have GAP insurance but that doesn't help us if they don't total the car. And I don't want to manipulate things - I really feel like it can't be safe to have a family in a vehicle where meth was used and drugs were smuggled. Who knows what else happened in there.
If the police detect drugs in the car (as stated above), then

You know what...these are a lot of what-ifs. Wait for the offer from your insurance company before worrying too much.
 

PayrollHRGuy

Senior Member
Problem with this is, it's so new we owe more than its worth. We have GAP insurance but that doesn't help us if they don't total the car. And I don't want to manipulate things - I really feel like it can't be safe to have a family in a vehicle where meth was used and drugs were smuggled. Who knows what else happened in there.
That explains it. The car has not been cursed.
 

Zigner

Senior Member, Non-Attorney
Feel free to tell them that but it won't do much good for you.

Other than having a chat with your insurance company what do you want out of this in the end.
The only thing the OP could want is for insurance to declare the car a total loss, which is not going to happen. Other than that, the OP's gotta deal with the car.
 
They will total it well before the repair cost gets to the current value. But that said your damage doesn't sound close to enough to total it.

Before you take it back ask the PD to come out with a drug dog to sniff around. If there are no drugs in the car this isn't a problem.
So the interesting thing with meth is, it doesn't have to be IN the car for it to be a danger to our health. If it was used in our car, the contamination can only be removed by literally stripping the vehicle to its frame and replacing every seat, carpet, air vent, piece of leather, etc. Police have already submitted statements regarding this on our behalf. So I don't know if police dogs can indicate whether meth was used but is not physically present?
 

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