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Family Member Died in Accident on motorcycle.

San Diego, CA |

My Family member died in a head on collision. He was on a Harley, and hit a Big Rig. The bike was impounded. It was financed, and insured. We attempted to get the bike, but were told only the registered owner could do that. The registered owner is deceased. Now the insurance company tells us we shoudl get the bike released and store it at our home to stop the daily impound fees. How do we do that? Shouldn't the insurance company do that? What about that bank that holds title? Any info would be greatly appreciated, we are kind of lost here. Thanks

Attorney Answers 2

Posted

I am sorry to hear about your loss.

The question you are asking is covered by Probate Code Section 13100. It provides that if the value of the decedent's personal property in this state does not exceed one hundred thousand dollars ($100,000) and if 40 days have elapsed since the death of the decedent, the heirs may, without the necessity of probate collect all tangible personal property. If your situation meets these requirments all you need to do is present the person who has the motorcycle with a Declaration in proper form and they must turn over the bike.

You can give me a call to discuss.

(and my name happens to be Harley) 760 634 6788

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Posted

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! That being said...

I am sorry to hear about your loss.

The insurance company should move the vehicle out of storage. But, a phone call to the tow yard explaining you want to release it to the insurance company will work as well. Let the bank know about the collision, but they will deal with the insurance company.

Please let me know if you have any further questions.

Legal Disclaimer. By requesting this information, you expressly agree to the following: The information given is not legal advice. You should not and may not rely on anything on this website as legal advice. I am neither establishing nor accepting an attorney-client relationship. The only method of gaining an attorney/client relationship with me is via a retainer and signed fee agreement, which is not offered via this site. I am providing only resources, opinion and information for you to be informed and educated about your particular rights and needs. My answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up with an attorney licensed in your state. I also am licensed to practice only in California, which may not be the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites.

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