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On July 6th 2010, my car was stolen from the mall were I work. We made a police report right away, and my mother called her insurance company. The car is fully insured and is under my mother, and her boyfriend's name and they are both covered on her insurance. I would usually drive the car to work and I'm still making payments on it. I'm licensed, and I am insured thru an SR-22 because of a DUI in 2007. The car was found on July 8th in a neighborhood near by. All the front inside of the car was missing exept the steering wheel. The battery was also taken. Im not quite sure what else was taken. The insurance company had told us that an agent was going to call us in 48 hours, no call ever came in. My mother called the insurance company and they assigned a new agent. The agent called my mother at her work and she couldn't understand what he was saying, so she told him to call later at 4:00pm. He said, "I don't care if you are at work, I'm at work too!". My mother was mad. He told her that he was going to investigate our whole family. The insurance agent sent someone to make a report on the car's condition. He reported the same thing we had seen. He also said that the car was turned on with a key and he wanted to know why! The agent, pretty much, accused us of stealing our own car! They also wanted to know if we found anyone to fix our car! We really lost peace of mind after that so I told my mom to get a real, accredited mechanic, who will evaluate, and take pictures of the car, and prove that the car can be turned on without a key, just in case we have to file a lawsuit. My family and I, are stuck with only one car for the whole family. The insurance doesn't cover a rental car. My mother has to get a ride from her boyfriend to work, I have to take my niece to the babysitter, my sisters to school, I have to go to work, and then I gotta come back home to give the car to my sister because she is a pizza delivery girl. The car is still in the impound to this day and is being charged. We just got a notice of a lein on the car. I dont even know what that means, but it just seems like everyday that goes by means more debt for us and we cannot, and don't want to pay them a cent! The insurance company sent my mother some stuff to fill out and some of it is to give them permission to check her credit. What does her credit have to do with trying to insure her car??? She already knows she has bad credit! She is afraid to sign anything that she might regret. We are not a rich family. Our finances are very slim. We just work to make ends meet everyday. I just want my family to be happy again. We want our peace of mind back, and we really need another car. What can we do??? HELP US!!! Thank you
The first thing you need to do, is get your car out of impound, and have it towed to your house. Otherwise, you're going to lose the car. Theft cases do NOT close quickly. It usually takes at least 4 - 6 weeks, to get a theft claim sorted out. And they are letting her know - that they think this is a fraudulent claim. They already HAVE permission to check her credit - they got it on her application, when she first took the policy out. So now, they want to know if she's got a loan on this car. They want to figure out, is she 'ahead' of the game by staging a theft of this car. They'll probably want an examination under oath. She's got NOTHING TO LOSE by letting them run her credit. If this is an honest claim, she just has to jump through the hoops their putting out. KEEP mississippi MIND, they found the car WITH THE KEY. So. Which one of you lost the key? And are you absolutely, positively sure that this is an honest claim. Because otherwise, how exactly did the key get in the car? I'd suggest there's a serious problem somewhere in your house, and one of your household members took the car, with the key, stripped it, and sold the parts. Which, of course, voids the policy. Otherwise, you're going to have to convince the adjuster, exactly HOW the car thief got the key to the car. Lastly, keep in mind, you're only entitled to the actual cash value of the car, or the cost to fix it, whichever is LESS, minus your theft deductible. If it's paid for, you can calculate that at www.kbb.com using the private party sale value. If it's NOT paid for, the check goes to the lender, and depending on how long you've been paying for the car, you very well might not get enough to pay off the loan.
You mentioned that the car was found later in a neighbourhood nearby and the insurance company claimed that the car was turned on by a key. If you find your own 'stolen' car nearby, it looks suspicious. If there is evidence that the car was removed from the place of 'lost' by a key, then it becomes more suspicious. If your mum has bad credit, it may be even more suspicious looking. The only way to prove that the car was stolen is a formal report from the police. You made a police report when it was stolen, they have to close the file and indicate their findings. Check if there is anything helpful inside. Else, you will have to catch the thief yourself. Lost in the parking lots of a mall. There should be CCTV around and the police might have gotten a copy of that. There will be evidence. It is whether they are favourabe to you. Your family's financial status is not exactly favourable when they accuse you of fraud in this case. Legal help is another option but I doubt that it is worth it. You may just want to salvage whatever you can from the car, buy another car and close this case to save all other charges/cost that had incurred and will be incurring.
First, pay the impound lot whatever it takes to get the car out and have it towed home, to the mechanic, somewhere. Everyday that it stays in impound, the charges keep growing. Second, the reason for looking at the credit report is to see if there was a financial need to fake a theft for the insurance money.
It seems as though the insurance agent is investigating you for insurance fraud. If you do not cooperate with their investigation, then it will take even longer for them to pay you - as this will increase the amount of time (and possibly void the policy) that the investigation will take. The only thing that you can do to speed up the process is to cooperate with the insurance company. You can attempt to sue the insurance company, but as long as they are performing in accordance to the insurance policy, you can not force them to pay any quicker. You need to get the car out of impound immediately. Even when the insurance finally comes through, it will not pay for the impound fees, only for the repair or value of the car. You also need to find out who placed the lien on the car and make arrangements to pay them off. What a lien means is that one of your creditors has placed a claim on your property because you are not paying your debt to them. It isn't more debt, it is your old debt that you haven't paid off - and they will take the car to offset what you owe them.