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After declaring a vehicle totalled can the at fault drivers insurance take posession of the car without first receiving the title and power of attorney from the owner?

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If you agreed in your settlement to give them possession and or salvage rights on the vehicle, then "Yes", they certainly can take it based on that agreement whether or not you susequently withheld the title. They can always apply for a replacement title if needed based on your settlement agreement. A power of attorney is not necessary.

If you intentionally tried to encumber that companies ability to take possesion of the vehicle after you agreed and accepted the settlement offer and have received the agreed compensation, then you are actually illegally depriving them of their salvage rights and could possibly open yourself up to legal issues involving theft by conversion.

Answer

yes and no, they can (if they got permission from you) move the vehicle to a storage free location...they cannot however, dispense the salvage (sell the vehicle) until they have the required forms/titles from you.....

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First answer by Mama lori. Last edit by Insurance Plus. Contributor trust: 303 [recommend contributor]. Question popularity: 12 [recommend question]

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Answers.com > Wiki Answers > Categories > Business and Finance > Insurance > Auto Insurance > Auto Accidents and Insurance Claims > After declaring a vehicle totalled can the at fault drivers insurance take posession of the car without first receiving the title and power of attorney from the owner?

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If the issurance determines that you are at fault can you get an attorney?  Insurance co totalled your car do they have to have title before paying claim?  What if your car title was used for colateral on another vehicle and your car was totalled?