How can I make a personal property insurance claim when the police will not allow me to file a report?

Question

Two months ago, I took personal property to an ex-friends home. He moved and his whereabouts is unknown and with him went my property. My insurance company claims that my personal property is considered Covered. My insurance company has stated that in order to process a Loss, I must file a police report; the claim forms support this requirement.

Here is the problem: According to the Police Dept., they cannot take, nor may I file, a Police Report. The Police Dept. has stated that this situation is NOT a criminal matter; it is a civil matter known as a "Breach of Trust." Also, the Police have stated that my only recourse is to sue the person who took my property when he moved. And, I know that his act was deliberate as I tried to collect my property several times prior to his disappearance.

I have already informed my insurance company the circumstances surrounding this Loss.

Since a report is required by my insurance company, how can I possibly proceed with this matter?

Answer 1

"Theft" is when someone enters your premises (or premises controlled by you) and STEALS your property.  In this case, you voluntarily entrusted your property to this person.  That is why it is Breach of Trust, not Theft.

Answer 2

You need to talk to your insurance AGENT about this, and have them speak to the company on your behalf.  You do have an agent right?  This is where they need to take initiative to help you out.  Have you tried the company more than one time?  Sometimes you get someone taking the claim that just knows the rules, you need to find a supervisor or someone who can bypass that and turn the claim in anyway.

However, since you did let us now that it was YOU that brought the property to his house, it will more than likely not be covered under your homeowners policy as there was not THEFT.

EDIT- If your company is saying that your property "Off premises" is covered regardless of the situation then put it back on them and tell them they should take the claim without a police report.  The police are telling you a crime has not been committed in which case you would not be able to file a police report, which you are finding out here.  Your company is telling you your property is covered regardless, so they need to stick by what they are saying and accept and process the claim.  I would start talking to the claim supervisor and then their supervisor if you still do not get the answer you are looking for.  This may be the only way to get this done.  Get your agent involved immediately, they would be able to climb the ladder more easily than you to find someone to take this claim.

Good luck to you!

Answer 3

What does your insurance company say? My guess they are giving you the run around because they don't like paying out, they only like payments coming in. Insurance companies are useless that way because they will fight you, but since it's not "theft" if you took the property to your ex-friend's more than likely they will just tell you you acted negligently and it's your fault and they won't pay. The police are right, it's not theft, it's a civil case. If it is under $5000(?) depending on state, you can go through small claims court, but although you might get a settlement, if you can't find the thief or if he has no assets, you get nothing anyway. Even if you go through the insurance company, they will jack up your insurance costs and make their money back. Insurance is a joke. Live and learn...life sucks. No more personal property dropped off at a "friend's" house, eh?

Answer 4

Yea, most agencies only take criminal reports.  Some smaller agencies take reports FOR EVERY FRIGGIN THING that happens, including the barking cat call!!

My former agency didn't take a report because an insurance agency wants one.   My new agency would take the report.

Answer 5

Breach of trust is not a covered loss.

Theft is.

It sounds like the police are not going to file a report because the property was not stolen. You took it to his place and left it in his care. When he moved, he took it with him - along with his other property.  How long had it been there when he moved? Is the property considered abandoned?

Without a police report that says the property was stolen, there is nothing your insurance company can do.

Next time, be more careful with your property and take it with you when you leave.

Answer 6

Well, I disagree with your insurance company.  This is a "voluntary parting" and NOT covered under your policy, I'd bet.

File with small claims court, and use that as your report.  ORask the police if they keep track of the incident reports, and use the INCIDENT REPORT as a police report.  You could also get a statement from the nice officer, that says since your matter is a civil and not a criminal matter, they can't file a criminal police report, and turn that into your insurance company.

But I think whoever you talked to - not likely your insurance company, probably an agent who doesn't know what they're talking about - is wrong.  I'd ask them to file the claim report ANYWAY, without the police report, and start the claims process.  I bet you get a denial, because there's no THEFT here, ya know?  Your stuff is covered by THEFT, and that's not what happened.  Legally speaking.

Answer 7

call an attorney?