Car totaled. Now where is my stuff?

by penguinsbite » Mon Jan 11, 2010 01:07 am

On the day before Christmas, I hit a patch of ice and slammed into a telephone pole. I got word last week that my car is totaled. I got a message on Tuesday (1/5) and on Wednesday (1/6) talked to someone at the insurance company (not the person assigned to my claim who had left the message). At that time I was given the offer. When speaking with the insurance person, I explained I have personal items in my car I need to retrieve. I was told the car was still at the repair facility. He asked when I could go get my stuff. I told him Saturday (1/9). He said he would make arrangements to have the car moved on Monday (1/11). I called the repair facility on Friday (1/10) to tell them I was coming to get my stuff and was told no problem.

On Saturday morning, I got to the repair facility (two hours away from my home) and was told that my car was picked up and moved on Tuesday (1/5) before I even received the offer. I have not signed over power of attorney (or anything at all) and did not give the insurance company permission to move my car. I'm supposed to meet the claims person tomorrow to sign the paperwork.

I was in the process of moving, so I have a lot of stuff in that car. Nothing of worth, so I wasn't worried about it being stolen. But it's still my car and I whatever is in it and the plates off the car. My parents advised me not to sign the power of attorney until I get my stuff back. Any advice on how I should handle this?

Total Comments: 4

Posted: Mon Jan 11, 2010 01:55 am Post Subject:

did not give the insurance company permission to move my car.



Actually you did, they just picked it up before you had arrived at the repair shop. The shop should have not released it, but this happens all the time. You just need to find out from the insurance company where the vehicle has been transported to.

Posted: Mon Jan 11, 2010 02:40 am Post Subject:

I'm guessing the power of attorney is because you are making payments on the vehicle. The POA is needed so that the insurance company can change the name on the title once it's received. Signing this is a separate issue. without the POA, the insurance company will probably not move forward with any payments on the claim.

The insurance company should not have moved the vehicle. More importantly, the shop should not have allowed it to be moved without your permission. But as mentioned, it was done.

Speak to the adjuster and see how this can be handled. In the past I've obtained a list of items from the owner, relayed that info to the salvage yard and had the items mailed to the owner. I've asked the salvage yard to mail everything but make certain that the items mentioned were included.

Posted: Mon Jan 11, 2010 07:03 am Post Subject:

Hi penguinsbite

I agree with tcope, the insurance company should not have moved the vehicle without your permission. Speak with the adjuster and arrange to get your stuff back. Also, do you agree with the company about totaling your car?

tcope, is it possible that a car be totaled if it slams into a telephone pole? I mean, is the damage so severe?

Posted: Mon Jan 11, 2010 03:51 pm Post Subject:

I agree with tcope, the insurance company should not have moved the vehicle without your permission.



It sounds to me like he did give them permission and a date at which they would arrange for pick up. See below

At that time I was given the offer. When speaking with the insurance person, I explained I have personal items in my car I need to retrieve. I was told the car was still at the repair facility. He asked when I could go get my stuff. I told him Saturday (1/9). He said he would make arrangements to have the car moved on Monday (1/11). I called the repair facility on Friday (1/10) to tell them I was coming to get my stuff and was told no problem.



The problem is that they picked up earlier than the arranged date and that the shop should not have allowed this, but it's hard to rely on a shop to make sure of this.

is it possible that a car be totaled if it slams into a telephone pole? I mean, is the damage so severe?



Depends on who you talk to and how the details are described. I assume that the adjuster talked with the shop and gathered that the shop explained that the vehicle was an "obvious total loss".

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