Legal Question in Civil Litigation in Michigan

Totaled Car Removed From Lot Prior To Contracted Date

My car was deemed totaled. I was told by my insurance company the car would be removed from its storage location on Friday. I arrived Thursday to claim my belongings from the storage and was told the car had been picked up Wednesday. I called the insurance company and they had contracted the salvage company for a Friday pickup. I called the salvage company and they claim they can't find my personal items, except for my license plate. Right now, I'm talking to the insurance company about compensation ($250 approx.). Still, I want to know if I have grounds to act on some other level (i.e. small claims) and if so, who against? Thank you.


Asked on 12/13/02, 10:48 am

1 Answer from Attorneys
Andrew Prine Andrew W. Prine, P.C.

Re: Totaled Car Removed From Lot Prior To Contracted Date

I assume that you had signed title on the vehicle over to the insurance company, and are only concerned about the contents. It would seem to me that unless they dispute the facts as you have stated them that you should have a claim against the insurance company, but that where you apparently had no dealings with the salvage company yourself, it may be tougher for you to make a claim against them. However, if you are going to small claims court, you might want to name both of them and let them explain to the judge who was at fault.

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Answered on 12/13/02, 5:14 pm


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