Car theft complications

[axdxs]

Obligatory "throwaway account" warning - I'm in the middle of this claim, and I need advice but can't afford a lawyer and am getting some really weird vibes from my insurance, so I'm hoping the Humans of Reddit can help.

What happened: My (newish, low mileage) car got stolen and when it was recovered, there was evidence of drug usage. My insurance company is considering it a total loss because of the drugs. I am not a person that, on paper, should be able to own a newish nice car (student debt, currently still in school, working menial jobs, literally no savings) and there was no evidence as to HOW my newish car was stolen. Therefore, my insurance company is (I think) suspicious of me, and has requested my phone records. I'm okay with that; the only non-dog-meme communication I had prior to the theft was a phone call to my partner (in another state), and I've got more than enough evidence to show that a) I was not involved in this in any way and b) nobody I know could have been involved, either. However, it's a real red flag for me that they're requesting personal info at this point, while not letting me know their findings on the ACV of my car. (Last year, when I purchased the lease out, the ACV was $28k). I received a POA request from my insurance, as well as a title transfer document, and I'm INCREDIBLY reluctant to sign over ownership of my one tangible asset before even seeing what their payout might be, particularly as they seem to be treating me as a suspect. The POA also states that it is only to be used in situations where the leinholder is in clear physical possession of title, and there is no leinholder - it's my car. Is this fishy? It sure seems like they're asking me to give them my car before openly accusing me of anything, asking me to sign documents that are straight-up incorrect... Is this a tactic to destabilize me so I'll just sign whatever they throw at me?

TL;DR: Nice car owned by poor person stolen, insurance asking for information and being withholding re: everything else - is this a problem?

• In my state, it is considered illegal for an insurance company to "materially withhold" information
• My insurance paperwork (which I was not presented with, but had to look up) states that I am under no obligation to sign over my title, and may retain ownership to dispose of the vehicle how I desire.
• My insurance representative has never mentioned this, and has instead told me repeatedly that my claim would be processed "...once I turn in both keys to the vehicle and sign over the title"
• Though I 100% did not and would not do this, the suspicion has the potential to be absolutely ruinous for me, career-wise. My insurance company knows my status, and likely knows the consequences of any "aspersions" cast on my character. I don't want to think that they'd ruin a person's life over money, but... here I am, using a throwaway account just in case.

Edit: I brought up the Bill of Sale issue with my agent, they provided the settlement amount, I took less than I should have because I couldn't drag this out any further without job repercussions (can't take time off, work three jobs, in the middle of moving, etc). All in all, while their paperwork situation was sketchy, it was just them trying to "save time" and maybe a little bit trying to strongarm/stress me into accepting less than the ACV on my car (Only by like 3%). Still no answer from the State regulatory board as to what "materially withholding" actually means, but oh well. I guess we just destroyed the Administrative State with West Virginia v. EPA anyway, so there ya go. They're probably more worried about that than me.

 

[bow2me]

@axdxs I would not sign over the title until they have given you your valuation paperwork, and explained what you are going to be paid out for the vehicle

 

[satanscumfuck666]

@axdxs There can be a lot of fraud involved in theft claims so it is pretty standard to need to provide some type of proof to corroborate your story.

It is also standard practice at my company to send out the paperwork prior to having the total loss numbers to provide the customer. We are held to high standards when it comes to the time to settle a total loss, so we need to get the ball rolling ASAP. Your company is not going to expect you to sign over your vehicle without the information regarding the settlement.

Also if you have the title, you have the option (depending on your state laws) to keep the vehicle for a lesser payout. This is not something I would bring up when processing total losses, I'd just provide info if it was brought up by the customer

 

[axdxs]

@satanscumfuck666 Thanks for the info. I was just reaaallly sketched out that they wanted me to sign a blank title transfer document before offering a settlement, and worried about their investigation into my cell phone records, because defending a fraud charge would impact my ability to pursue my career, even if it was dropped or dismissed. And I didn't want to bring it up with my insurance agent because I was already being treated with suspicion, and being suspicious or withholding in return would obviously not be a good look.