Legal Question in Insurance Law in California

My GMC Truck is being declared a Total Loss by 21st Ins. I have informed them the Brakes failed, and want inspected. (GM Recall thru 2003,problem still continuing) they have already transported to Salvage yard, even tho I have Aftermarket parts and wheels I want off of it. I believe as I have signed no release...the truck is still mine, and I have Ownership no matter where it is stored, and noone else has right to deny me,or my son access. Is this correct ? Also I have recvd no responses or updates as to other parties involved in accident....CAN I Hold off on signing over to 21st ? and demand moved to area where I can remove MY Parts: rack wheels tool box, etc... Salvage/Auction has no legal rt to my vehicle...


Asked on 10/17/14, 10:14 am

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Go get your vehicle and store wherever you like. You don't have to accept the insurance company's offer and you don't have to release the vehicle to them. If there was an accident due to mechanical failure and the vehicle is disposed, you will not be able to prove your case. You must preserve the vehicle.

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Answered on 10/18/14, 11:51 am


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