Car stolen, recovered but not released

thesteve

TL;DR

Car was stolen from my house, I filed an insurance claim, car was recovered, thieves arrested, guards are holding onto the car for an unknown period (defense lawyers keep filing paperwork for it to be kept).

Does anyone know where I might stand as regards to;
(a) demanding to have my car returned - I'm guessing legally that won't happen
(b) going ahead with the claim - if this is even possible as the car has been recovered?

Any opinions on where I stand would be appreciated!

angelfire9

Before my brother emigrated his BMW was nicked outside the house in Dublin and used in an armed robbery & recovered by the Gardai accidentally
He applied via the courts to get it returned and it was returned to him (if memory serves me right he had provisionally sold it to someone and his court application was along the lines of "I need it back so I can sell it on before I leave the country)
I have NO idea if that's actually relevant :P but apparently you can get in back that way
Note: this was about 6 years ago

Carawaystick

I'd ask the cops how long it'll be with them so you can declare it off the road for tax
To see if you get any info off them

thesteve

Carawaystick wrote: »

I'd ask the cops how long it'll be with them so you can declare it off the road for tax
To see if you get any info off them

Yeah I'm doing that. They're 'trying' to give it back but keep getting blocked by the scumbags solicitors. I was wondering if I had any right to demand it back / make the insurance company pay out

234

Look at the terms of your policy.

Being sensible, you have no claim for the value of the vehicle as you have not been permanently deprived of it.

The policy might cover loss of earnings or the cost of hiring a replacement vehicle where this resulted from the theft.

Frankly, trying to claim for the value of the vehicle after it has been recovered would be fraud.

thesteve

234 wrote: »

Frankly, trying to claim for the value of the vehicle after it has been recovered would be fraud.

My query is trying to figure out just that, what are the legal specifics behind 'recovered'. It's been recovered by the cops but not by me. I can't see it, have no idea what state it's in nor do I have any clue when I'll get it back. I've used the 9 days of a rental car that my policy gives me

Does 'recovered' not mean it has to be back in my hands or at least being repaired?
Is there a statutory amount of days by which the insurance company must pay out of a claim is not settled?

234

All of those questions would be legal advice, which there is a prohibition on giving.

If the answer isn't in your policy then you should seek the services of a solicitor.