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Insurance with Stolen Gun Recovered & Destroyed?

ProMedProMed Member Posts: 13 ✭✭
edited February 2009 in Ask the Experts
Anone have any experience with this?

S&W .357 mag was stolen around 8 months ago. It was used in a double murder and recovered a few days later. Was told I should be able to get it back eventually. Now the case is going to trial and the Detective sai the gun will likely be destroyed by the state.

SPoke to my insurance today and they are saying they can't cover it since it was recovered.

Am I just out of luck or should I fight it?

Thanks in advance for any help!
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Comments

  • ProMedProMed Member Posts: 13 ✭✭
    edited November -1
    Sorry guys, looks like this is the wrong forum.
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  • iwannausernameiwannausername Member Posts: 7,131
    edited November -1
    But it hasn't been returned to you. Recovered in my mind says you have it back.... Ask agent what would happen if it was returned to you but destroyed...
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  • dav1965dav1965 Member Posts: 26,540 ✭✭✭
    edited November -1
    Why would your insurence company wait 8 months and not have paid yet.
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  • ProMedProMed Member Posts: 13 ✭✭
    edited November -1
    quote:Originally posted by dav1965
    Why would your insurence company wait 8 months and not have paid yet.

    Sorry I was the one who has been waiting to file the claim. I was initially under the impression I would be getting my stuff back..

    If I can get them to budge I will need to agree on a value on the old Model 27-2 S&W.

    Thanks again for your help guys.
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  • givettegivette Member Posts: 10,886 ✭
    edited November -1
    Insurance is insurance. Parts is parts. When your car is deemed "totalled", insurance pays you the going value, and assumes ownership.

    Should be the same with a gun. If the authorities destroy it, it should be regarded as totalled/lost, and the insurance Co. owns it..and you get your payment. Use $395 as the recovery target. Best, Joe
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  • ProMedProMed Member Posts: 13 ✭✭
    edited November -1
    quote:Originally posted by givette
    Insurance is insurance. Parts is parts. When your car is deemed "totalled", insurance pays you the going value, and assumes ownership.

    Should be the same with a gun. If the authorities destroy it, it should be regarded as totalled/lost, and the insurance Co. owns it..and you get your payment. Use $395 as the recovery target. Best, Joe

    Ooo-rah!
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  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    edited November -1
    Local law (& policy) may vary, depending upon where you live. What should be, & what is, may be quite different.

    The gun in question is not valuable enough to get an attorney. But, in your position, I would start by sending a registered letter demanding return of my gun to the Chief LEO; his response would determine if my next step was a letter to the governor, attorney general, or local newspaper, or possibly filling a lawsuit.

    Neal
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  • 11b6r11b6r Member Posts: 16,584 ✭✭✭
    edited November -1
    If YOU used the gun to commit a murder, the courts may order the gun to be forfeited- however, when YOU are the innocent victim of a crime (the theft) they have no standing to order YOU to forfeit your property. However, they are probably looking at it as evidence that may be needed at trial, on appeal, etc. Forget the PD- have your attorney petition THE JUDGE to order the return of YOUR weapon at such time as it is no longer required for evidence. Most insurance will not cover loss from a court ordered seizure- that is not a "covered peril".
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  • badhabithobbybadhabithobby Member Posts: 216 ✭✭✭
    edited November -1
    My 2 cents is this:
    How much do you want to spend of getting it back? Is the attorney worth the $?

    Either you or the attorney send a certified letter to the judge REQUESTING, not demanding, that you get the gun back. If this fails then you will need to seek an alternative.

    Good luck.
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  • sentry dog 69sentry dog 69 Member Posts: 72 ✭✭
    edited November -1
    Insurance contracts require you to file a claim within 30 days of loss.

    But you have to ask yourself this question: What is your deductible? If the gun is worth $400 and you have a $500 deductible...no need to file a claim. If you uhave a $250 deductible(rare these days) is the $100 or so you would recieve worth having a claim on your insurance record?

    I believe petitioning the judge would be the route to pursue.

    Just my opinion.
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