"I filed a claim for hail damage on my vehicle and the insurance company totaled the car out. I had additional damage on the car that I had not filed a claim for. The insurance company informed me that I would have to surrender the car to them, sign and mail a power of attorney and wait for my lienholder to return the statement of agreement before they would cut the lienholder a check. Since I am giving the insurance company the car voluntarily,can they deny my claim for the hail damage for not filing the prior damage and do they have any legal recourse against me?"
You're not required to report all damage, and in fact in general the insurer would rather that you didn't, but any claim requires the truth under penalty of perjury. So if your claim for hail damage misrepresented anything, that's insurance fraud, and your claim can be denied, your policy can be rescinded, and you could be sued by the insurer.
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