Auto Insurance Claims: totaled van and logos, theft

Question
QUESTION: A liability only driver hit my parked van that has business logos. They have deemed the van totaled. Before the van leaves my property I want my logos for my business removed. Can I require the liability drivers insurance to do this?

Thanks

ANSWER: Heidi,

  I don't think you can require the driver's insurance to remove the logos for you, but you can remove them yourself.  If you leave them on there, then you'll have to determine the cost for replacing them and the insurance company will be required to pay for the replacement of the logos if they plan on selling the vehicle at salvage with the logos on it.  Essentially, if you want the logos, go get them, the van is still yours until you sign it over to the insurance company, so nobody should be able to stop you from removing the logos.  If you damage the vehicle while taking the logos off, then the insurance company can reduce your claim payout by the damage you cause.  

   I hope this helps!

---------- FOLLOW-UP ----------

QUESTION: Unfortunately removing the labels is not easy and requires a sign company for removal, which cost $$. Can I ask the drivers insurance company to sign that the logos be removed before auction. I am EXTREMELY concerned on where my logos end up via ie. burglery, other crime.. I feel that I should not have to pay for this, since this vehicle was parked and their client hit it.

ANSWER: In that case, I would say that my suggestion remains.  If you don't have the money to get the logos off the van, then you may be in a bit of a pinch.  You can always ask the insurance company to assist.  Be nice and see what they say.  Explain that you want to keep the logos but that they are difficult and costly to remove.  The only other option is to request payment for the cost of replacing the logos.  I am not sure I follow your concern over burglary.  The insurance company for the other party owes for damages for which their customer is legally liable.  This means that if the logos aren't damaged, they don't owe for them.  What you have is circumstantial damage.  I would think you could recover the cost of removing the logos to prevent misuse in the future, but you may have to pay for it and then request reimbursement in order to properly "mitigate" your damages.  I can't hurt to ask, but ultimately if the insurance company won't work with you, it will be up to you to get the issue resolved and pursue recovery of the reasonable costs that you incurred due to the accident.  I hope this helps!

JP  

---------- FOLLOW-UP ----------

QUESTION: ok one last statement on this subject. I appreciate your speedy responses.
The facts today stand as follows:
1. I am out a business vehicle
2. I am out logos for a new vehicle
3. The old logos require a professional to remove
4. These type logos are not salvageable after removal
5. Totaled van (only front end damage) is set to be auctioned off.
6. Public Purchaser of my van with my logos has potential to have van fixed and use for a crime.

The question... my concern... I don't want my business due to association with said logos on auctioned van to have
1. Identity theft - new checking accounts etc.. in my business name
2. Liable for a crime that involves a van with my business logos on it

Can I get the insurance company to pay for
1. Fair Market value of van
2. Removal of logos on totaled van due to liability concerns
3. Replacement of new logos for replacement van

or

Can I get the insurance company to sign a liability waiver that that either the logos will be removed before auction, or any damages; injury to others, thefts, hit and runs etc.. will not be by responsibility but theirs for not removing said logos before auction.

Answer
Okay,

  So

1.  Can I get the insurance company to pay for the fair market value of the van?

   Yes!  They owe you for the fair market value of the van.

2.  Can you get the insurance company to remove the logos due to liability concerns?

   Probably not, but you could get them to sign a "hold harmless" if they retain the salvage and sell the vehicle with the logos intact.  The hold harmless is the only way I can think of that you could limit your future defense costs if something strange occurred like you are worried about.

JP