I was recently in a car accident where the other person sadly passed away. My car was taken by the county homicide police and is being held by them. In talking to responding officers at the scene and the insurance adjustor they are fairly confident that my vehicle is totaled and I wasn’t at fault. Sadly insurance can’t declare my vehicle a total loss till they can physically access it and they can’t do that right now since the county police won’t let them.

    This was a brand new vehicle that I had owned for a total of 2 days and now have to continue making payments on and I was wondering if there is any recourse I have or do I just continue making lease payments on a car that I can’t even access? The county detective/police have not responded to my voice mails.

    Cars being held by police, insurance can’t inspect damages.
    byu/CelebrationWhole7232 inInsurance



    Posted by CelebrationWhole7232

    10 Comments

    1. El_chingoton13 on

      They should get by with photos of the vehicle. See if you or they can get out there to get those. Police holds don’t generally complicate things that much.

    2. Initial_Raspberry401 on

      You continue making payments until your car is accessible. When you go on vacation do you stop paying your cable bill because you’re not using your TV? Same concept. Let the police do what they need to do and they’ll let you know when their investigation is over.

    3. Many jurisdictions will let an appraiser in to take photos only. They just have to set up a time so that an officer or official person is there to oversee the process.

    4. This isn’t helpful but just to clarify, you don’t own this vehicle, the lessor does. I hope you also realize that when insurance does extend coverage for the loss, that money is not going to be issued to you. It’s going to the owner of the vehicle.

      If you’re confident it’ll be totaled I’m not sure why you don’t shopping for a replacement car or lease now? No point in wasting time. And hopefully you have GAP if this is a brand new vehicle.

    5. Yes you still need to make your payments. You’re still responsible for this via your contract.

    6. Do you have a rental in the meantime? Your insurance may be covering the rental and you still have a vehicle.

    7. FARMcowsVT_000 on

      Continue with your scheduled payments, ask your adjuster about rental reimbursement, until they can declare a total loss.

    8. vintageneonsparrow on

      The fatality claims i have handled, generally the police will hold the vehicle until that portion of the investigation is complete. Some jurisdictions will let the appraiser in but not guaranteed the appraiser will be able to get sufficient photos to be able to run a total loss depending on how the vehicle is stored. Sometimes you have to wait but i havent had an issue where the vehicle has been held more than a couple of months.

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