The key word is personal property. If it was fctory installed you may have to make a deal.
Really?... Of course she would be able to. YOU totaled it. She could take you to court and sue you for damage to personal property. You will lose.
No, you are allowed to remove your personal possessions from the vehicle, and you don't have to pay the tow company to do it. If they put up a fuss, just call the police and ask them to stand by while you get your property out.
IF they have JUDGEMENT, THEY CAN GARNISH YOUR WAGES OR ATTACH OTHER PERSONAL PROPERTY.
If you feel you haven't been treated fairly, I would file a complaint with your state insurance company or have your lawyer do it.
An insurance company declares a vehicle totaled when the cost to fix the vehicle exceeds 70% or more of its market value.
This is total nonsense!My total is 52.
It's not a "Law", it's an agreement between you and your insurer. If your car is totaled, and your insurer pays you or the leinholder a claim, the car is then property of the insurer to regain any money the can from the claim. It should be explained in the many lines of text in your policy.
The insurance company will pay the finance company not you.
The insurance company will make you an offer.
Legally, if the company pays you for the totaled vehicle, it belongs to them. You can offer (if they don't) to by the scraps back. This would be deducted from your settlement and you would be paid the difference.
I totaled my Mustang and was able to buy it back from the insurance company. They gave me the Blue-Book value less my $500 deductable. They would not insure it after I repaired it, I had to switch insurance carriers to get coverage.
It would depend on why the car was totaled and who's fault the accident was and what time of insurance do you have PLPD or Full Coverage