Auto Insurance Claims: Rear ended and have a really big issue with insurance, damaged then stolen


Question
Okay so I was rear ended when I was stopped at a red light. Driver admitted that it was her fault and everything was fine. The next day I wake up to find out my car was stolen. Alarm never went off because I couldn't keep the trunk closed because of the damage that was done from the accident. Police figured that's how they got in. The car was recovered the same day about 13 hours after it was reported stolen. It was stripped to the frame. All lights, engine, transmission, and some seats. NOW the other drivers insurance said that if the car (94 Acura Integra) is counted as a total loss, that they would deduct from the money for every single part that was stolen.

I don't understand why they would do that. Any advice on what I should do? I only have liability so my insurance will not pay for anything that was stolen. So what should I do now?

Answer
Very unlucky.  The problem is documenting the amount of damages that the vehicle had prior to it being stolen.  

So if I had to bet on it, I would say that replacing all the panels on a 94 Integra will definitely total it economically, so the question remains as to how much damage the rear-ender caused.

If the person that rear-ended you is honest, maybe you and they can describe the damage well enough to get close to what they owe.

The simplest answer is that the rearender owes for the damage they caused, and the thief or thieves owe for the damage they caused.  

I doubt seriously if the claims office you are dealing with has seen scenario before.  They owe for the damages caused by their insured, whether your car was stolen afterwards or not.

I hope this helps.  You can always look me up and I'll answer the phone.  Information is always free at Petty Details, LLC.