Legal Question in Criminal Law in New York

Insurance Company Destroys Evidence in Criminal Matter
Someone was arrested for falsely reporting a car stolen. The insurance company who reported this, destroyed the car after they inspected it and said it was undrivable (their reason for saying it was falsely reported)but before the accused had a chance to have someone inpect the car.

what can be done?

Asked on 1/19/05, 5:11 pm

Andrew Nitzberg Andrew Nitzberg & Associates

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Re: Insurance Company Destroys Evidence in Criminal Matter

This is an interesting question and I don't think I understand the facts.

Please correct me:

(1) the insurance company reported the car stolen

(2) the car was impounded by the police and turned over to the insurance company or they otherwise gained possession of the car

(3) the insurance company declared the car 'undrivable' and destroyed the car without it being inspected by any other person.

I think, on these facts, the insurance company owes the owner of the car some maney; at least the Blue Book value.

You are welcome to a consultation for no fee.

Answered on 1/20/05, 2:06 pm

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