Car Repo'd and Insurance Claim??? Help

[nojusticehere]

Hi everyone, it's been a while since I've posted, but continue to check in every now and then. This site has been a great help and I'm waiting until I have enough money to file Ch 13. In the meantime I have another question, hopefully someone can help.

On Aug 23 my car was repo'd in the middle of the night. I haven't heard from anyone since, until today. I rec'd a call from my insurance company. I cancelled the insurance on 23 Aug at 9am. They stated that the lien holder had filed a claim with them to repair the bumper. Now here's my question. I hadn't driven this vehicle since June 13 when my son left for the Military because I new that I would be losing it. I parked it in the "public" parking area next to the neighborhood pool and left it there where it was repo'd on the 23rd. I told my insurance company that I wasn't aware of any damage and why would the lein holder, who now has the car, be filing a claim on my insurance.

Is my insurance company required to pay to fix this? Am I required to fix this? Wouldn't the Lien Holder fix it and then add it to the deficiency? I'm confused.

Anyway, my insur. company said they will have a claims adjuster call me, take a taped statement, then look at the bumper and determine the apprximate time that it happended. I really don't care when it happened, why am I /the insur company obligated to fix it. How do I know that the repo guy or someone else didn't do it? Any help would be appreicated. I live in Florida, if that matters. Thanks again for everyone's help.

[CindyLou]

I've posted on this subject before. This is why it is so important not to cancel your insurance until you have filed a cancellation of your plates or a release of liability with your DMV. Until you have transferred ownership, it is a really touchy situation. What I would do, however in this situation is this. Tell them you gave them the car in good condition. You cancelled the insurance IMMEDIATELY, therefore, there is no insurance to make a claim. Dead issue. Let your insurance company know that this "injury" to the car did not happen while the policy was in force therefore you do not want to file a claim and that sould be that. Good luck.

[nojusticehere]

Cindy, that's exactly what I did. On 23 August (a.m.) I immediately turned in the license plate and cancelled the insurance. I also told my insurance company that I was not aware of any damage, had it happended I would have filed a claim. The car was repo'd the 23 Aug, insurance cancelled 23 Aug, plates turned in 23 Aug. I also told them that a claim should not be made and they told me an adjuster would be in contact with me for a taped statement and that he would also go and look at the vehicle to "determine the approximate time of the damage." What they hey???? I also made a point of saying to them, "how do you know that someone else didn't do the damge?" This car was parked since the 13th of June, I didn't drive it one time after that.

Thanks for the reply.

[dscurlock]

Cindy, that's exactly what I did. On 23 August (a.m.) I immediately turned in the license plate and cancelled the insurance. I also told my insurance company that I was not aware of any damage, had it happended I would have filed a claim. The car was repo'd the 23 Aug, insurance cancelled 23 Aug, plates turned in 23 Aug. I also told them that a claim should not be made and they told me an adjuster would be in contact with me for a taped statement and that he would also go and look at the vehicle to "determine the approximate time of the damage." What they hey???? I also made a point of saying to them, "how do you know that someone else didn't do the damge?" This car was parked since the 13th of June, I didn't drive it one time after that.

Thanks for the reply.

I just do not see the insurance paying this claim.. there are no witnesses or hard evidence, its just their word against yours...
like you said, the repo man came in the middle of the night, he was probably rushing, maybe he did something wrong, as he was working quickly to get out of their...see, you cant prove that, nor can they, as you cant not prove anything with the bumper, nor can they prove it either...they just see something wrong with it, and automaticlly blame you or the insurance.

Since they did not witness anything or prove anything, and you have cancelled your insurance, then their claim should be denied, if so, they may try and come after you for the bumper damages, the car was your responsibility, and if you do not have pictures with the bumper in good condition, they may try to blame you.

its obvious that they will do whatever they can to get some money out of someone.

[nojusticehere]

It doesn't look like it's going to be that simple. I spoke with my insurance co today. Nice lady. She stated that it's very rare that a lien holder will file a claim, but they have and since I'm not aware of any damage, they are sending an adjuster out to look at it. My deductable at the time was $500, so if it costs more than that they will pay to fix and then the lien holder can come after me for the deductable. I assume they will add that to my deficiency after the vehicle is sold.

I explained to ins co that I had no knowledge of damage, and asked the question "How can they file a claim, when it's possible the tow guy, or someone else did it while it was in their custody, etc." They've had the vehicle since Aug 23. No real answer, but she did say the claim would cause my ins to go up slightly etc. Bull crap!!! But seems there's nothing I can do from this end. She will call me back after they look at the vehicle and let me know the status.

So, if anyone has any more info or recommendations, they would be greatly appreciated.
Thanks again.