QuestionMy 2005 Altima (no previous repair work) was stolen from a friend's driveway in Danville, AL on 5/6/2006 and recovered in Birmingham, AL on 5/11/2005 100 miles from where it was stolen. The person who stole the car was captured at the time of recovery. The Jefferson County Police had Decatur, AL police contact me and my wife and we went to pick it up the following day. I documented all damage with a video camera upon picking it up and my incurance agent met me at my home upon arriving back with it. When we went through the car we found drug paraphernalia (marijuana, crystal meth, other devices), the assailant's wallet, clothes, condoms and other belongings in the vehicle. I had my local police dept. to come to my house and remove the drug paraphernalia along with the assailant's items and document that they were found in my car. The interior of the car smells horrible, is filthy, and many of the component's damaged. Three questions: 1) Since I am certain cystal meth was done in the car should it be treated as a bio hazard and totaled? Right now I am asking State Farm to "gut" the interior and replace anything that could possibly hold the toxins involved in smoking meth. They want to just "clean it up".
2.)Am I entitled to "inherent diminished value" if the car is just repaired?
3.) Was Jefferson County Police neglegent in leaving such items in my car and allowing my wife and me to drive it home (over 90 miles)? I have spent numerous hours dealing with proper removal of the stuff from my car and have even had a possible allergic reaction from driving it to get a repair estimate as I have documented by a physician. What would you suggest that I do?
AnswerDear Trevor Bragwell,
I know you are upset about the drugs in your car, but from what I can research, there is no danger to you from the meth "rocks" themselves since they were hidden out of sight. As you surmise, the smoke residue COULD be a problem.
But even there, I could not find any evidence that says being in proximity to material that has been exposed to the smoke will be a problem. Recall that the toxcity associated with meth is in its manufacture, not the smoking itself.
If you need any proof to the contrary, then I would contact an environmental contracting firm in your area and let them provide the proof for the insurance company.
As for the drive home, and the allegation meth was smoked in your car, that is a matter of proof, not speculation. There are environmental experts near you who can measure the existence of such a substance in your car. Unless you have that, I don't think the insurance company has to pay. Of course THEY are not going to do the research or the testing of car material!!
As much as they tried to convince you that they are your "good neighbor" your own insurer will not just roll over on this issue. Thus, I am encouraging you to get some proof of exposure.
As for inherent diminished value, what would you base it on? If the car is cleaned up, what can you cite that would show a reduced market value for the car? Here is how I would approach your proof on this topic.
First, BEFORE I SPENT A DIME ON EXPERTS FOR A DV CLAIM, I would check to see if your insurance policy prohibits such claims. It is true that the insurance industry has cut down on FIRST PARTY (your own insurance company policy) diminished value claims simply by adding clauses to their "take it or leave it" contract forms.
So you can stop right there if State Farm added such a clause to your contract.
Assuming they did not put in a poison pill clause, then you can make a DV claim, but again, you will have to prove the claim because they are not going to give it to you on mere speculation.
There are a lot of firms advertising DV, but I would interview them to see who has done one for exposure to toxic materials. What you are looking for is proof (or some expert opinion) that the market place will reflect a lower price because of the exposure. Check out the track record of your expert company, and then buy their report and submit it. If they can document it, you could get a DV award.
I have a speeding ticket from a southern sheriff who ran a speed trap for those of us who went to Atlanta for a weekend from the Navy Supply Corps School in Athens, GA. So I have no warm spot for small town police down there and wish you could prove a claim against them.
It is incompetent to not inspect the car and find the materials. That is a breach of duty owed to a crime victim.
The next issue is: was anyone damaged. Emotional distress comes to mind, but that would be hard to segregate your emotions regarding the entire episode, versus finding the drugs and being exposed to the substance in the fabric.
Your allergic reaction is also proof of injury. You have a skeleton of a claim. And I do not want to discourge you, but if you came to me as an attorney, I would not take the case at ANY contingency fee (even over 50%). Unless your injury worsens, I would let that part of it go.
Hope that you can get your car cleaned up to your satisfaction. I trust that this information has been of value to you, and thus I would respectfully request that you find the feedback form on this website and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D.
http://www.SettlementCentral.Com
