Auto Insurance Claims: farmers insurance wont let me buy my truck back!, custom paint job, chevy silverado

Question
I live in Arkansas, and on 12/26/2009 my truck was stolen. I had a 1996 Chevy silverado step-side extended cab. This truck had a custom paint job, 20 inch custom rims. And leather interior and fully-loaded. My truck was found a few days later, but my rims,and stero had been taken. When my truck was stolen, I called the police and made a report. When my truck was recovered, it was placed in the city impound. After many messages and attempts to get with the adjuster, we met at the impound yard to assess my truck. The adjuster immediately said they were going to total my truck. Keep in mind, the rims and stero were all that was taken. I told the adjuster I wanted to buy my truck back from them. The adjuster said he wasn't sure how much it would cost to buy it back. Now it is three weeks later and they have informed me that since my truck was stolen, that they won't let me buy it back.This isn't a law in Arkansas, just Farmer's rule. Can I file a lawsuit against them to get my truck back?Also, they are wanting to do all types of financial and other factual information checks on me. Will they deny my claim if I don't authorize them to check my information? I was victimized and stranded in a Lowe's parking lot 30 miles from home,and my insurance wants to accuse me of stealing my own truck. I no longer have a truck to drive to work. This is getting very frustrating. What should I do?

Answer
Terry,

   It surely seems you are having an unusually difficult time with this claim.  Unless your policy has some strange language in it that restricts you from being the owner, then you are the owner of the vehicle, period.  Farmer's can't steal your vehicle from you again.  They also cannot deny payment of your claim without very good reason.  I might research "bad faith" if I were you.  When there is a theft, it is customary to check to see if you are behind in the payments on the vehicle (if it still has a loan out on it).  Additionally, where you were last, where the vehicle was last, who you were with, and many other questions can be deemed to be reasonable in a theft investigation.  Farmers cannot withhold payment or settlement on your claim without a valid reason.  The rule is whether or not what they are asking for is "material" to the theft.  Whether you have a job or not, is not material to the investigation, but where you were when the vehicle was stolen is relevant.  It gets tricky.  

    Probably, the police may have a hold on the vehicle at the impound lot, and there may be some storage charges associated with it being stored.  The only person that can get the vehicle out of the pound is the titled owner.  I urge you to go get your vehicle as soon as possible.  I would definitely not cash any check or sign any insurance paperwork until I had my vehicle in my possession.  You can effectively force Farmers to pay you for the vehicle, less the salvage value by simply going and getting your vehicle out of the impound lot.  If they can't prove you stole your vehicle, and there is no good evidence that you may have, then they need to just get off of their high horse and pay the claim.  Thefts can get complicated because there is always some maverick adjuster or police officer wanting to break the case and they may use tactics that aren't necessarily legal.  You may be asked to sign a subrogation form, read it carefully, but this may be a condition to getting paid.  It will be up to you to put up a good fight and do the legal research you need to do.  Small claims court may be a good option for you.  Demand to retain the salvage on your vehicle, and do it in writing.  Get their response in writing.

I hope this helps.