Power of Attorney

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

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Wiki User
August 12, 2007 10:05PM

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.

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.....