Auto Insurance Claims: auto theft claim, theft claim bad faith

Question
My 2002 BMW 745 was stolen on May 1 2010.  It was recovered on June 15 2010.  I was in New York at the time of theft and the car was found in New Jersey.  I live in Massachusetts the insurance company notified me that the car was in prefect condition and to go and pick it up.  I flew to New Jersey to a auto storage facility .  They said they would bring the car out which they did on a Hugh fork truck from the side.  The key was in the ignition but the car would not start.  After inspecting it I found the truck was ransacked all computers and spare rim were missing. The gear shift was broken I drive knob missing seat ripped scratches everywhere.  So they wanted me to take possession of car which at that point I was furious as I had no return plane ticket . They had the car shipped to local BMW dealer in Mass.  Now the Dealer does not except insurance checks and I m responsible for payment.  This worries me as how do I know the extent of the damage.  BMW has quoted app 7500. for mechanical  and I am waiting for body shop estimate. Had a rental for 30 days and am now going on 9 weeks without car. Thanks Steve

Answer
Steve,

  I would be tearing up the phone of the claims manager at my insurance company.  If you have comprehensive coverage, it is the duty of your insurance company to assess the damages and make payment under your policy.  The issue with the dealer not taking an insurance check is messed up, doesn't make sense to me, and I bet something else is going on.  If a dealer won't take an insurance check, I would look elsewhere for help.  The insurance company shouldn't be paying the dealer anyway, they should be paying you.  This seems like a simple case of getting on the back of your insurance carrier and having them resolve the issue.  Tell them you will sue them for bad faith if they fail to honor your policy terms and conditions.  If I had a copy of your policy I could tell you exactly what to say.  If you need to followup on this with me, I am almost always available by telephone or e-mail.  Look us up at www.pettydetailsllc.com, we help people for free, everyday.  Sometimes, it's just in the petty details.

JP