Legal Question in Credit and Debt Law in New York

truck repossessed, not stolen

I originally thought my truck was stolen and called the police. While I was waiting for the police to come, I called my car loan company to report the car stolen and my insurance company. I was informed by the loan company that my truck was repossessed. When the police arrived i informed them that my truck was not stolen but repossessed. The police took a report. Later that day, the police called to say that the truck was found up the street and it was involved in an accident. I called the insurance company and explained to them what I was told and they do not believe me beacuse I originally told them the truck was repossessed. To make a long crazy story short, the insurance company wont pay for the damages of the truck. the loan company took the truck and they want be to pay over $10,000.00 for it. I don't know what to do. This is not fair. Please help.


Asked on 3/17/08, 3:42 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: truck repossessed, not stolen

This is pretty straightforward although it seems complex. You need to establish that the police discovered the damaged truck, around the block when it should have already been reposessed. Has anyone explained why it was up the block when it should have been repo'd?

This sounds like an attempt to fraudulently collect on a theft policy -however, if what you say is true, the company that repossessed the vehicle should be liable for damages incurred while operating it.

You should retain an attorney to straighten this out.

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Answered on 3/18/08, 12:03 pm


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