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CalAttorney2, Attorney
Category: Personal Injury Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney with experience representing plaintiffs in personal injury matters.
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I am filing a renter's insurance claim on a policy which

Customer Question

I am filing a renter's insurance claim on a policy which does not belong to me although the policyholder (my ex-bf and apt. renter) would not provide the information to me. I obtained the information on my own. I was visiting my (then) boyfriend with my minor child for a month from across the country to see if we wanted to build our relationship. Inheritance cash freshly obtained from the bank was on my person. My ex-bf who I trusted, found a hiding place and together we hid the cash (which was still in bank envelope). Cut to eight days later, we argue and he states he no longer wants me around and to vacate before he returns with his teens from their summer vaca, or he will call police to have me forcibly removed---early in the AM. He leaves premises, my child and I gather everything (5suitcases) and then some; Call uber and left; however, I did not take the cash with me. He later claims there is no cash in the hiding spot 'he' located. Filed police report and am handed a victim brochure with a "loss of property" listed and treated as though I am a victim of domestic violence. Detective responds after one week to say no one even contacted the ex. Prosecutor's office states they are not filing theft charges and this should have gone to robbery division (advised civil charges). There are no witnesses except him. I trusted him as we dated 30 years ago, although he was on drugs when I left him. 30 years later, he has a narcotic pain killer addiction. What are the chances of my obtaining my money from the insurance company AND, I've cut off emotionally so now realize he never experienced the successes I have in life nor traveled outside the box he lived(s) in and realize I've been HAD. Will I get my $ back in any shape or form?
Submitted: 11 months ago.
Category: Personal Injury Law
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am sorry to learn of this situation.

Unfortunately, as you were not the policy holder, you do not have standing to make an insurance claim against the policy (the insurance carrier does not owe you any obligation or contractual liability).

To recover your loss, you will need to file a lawsuit against the individual that actually took the money from you. You can do this in small claims court if your claim is up to $10,000.00 - see: (AZ has specific information by county, so follow the sublinks for small claims).

If the loss is greater than $10,000.00 you can decide whether you want to pursue this in general civil court (where the procedure is more complex (most parties are represented by lawyers), and it takes longer (usually years as compared to months), or you can reduce your claim and sue in small claims for the maximum $10,000.00 and waive the balance.

Customer: replied 11 months ago.
it is over 10k. Thank you for your response; I contacted the insurance company and they took my name/number and police report #Why would they do this knowing they are not obligated to me. I've already received a voice mail from an insurance adjuster to call back so they can obtain further information and I'm sure they don't want to place a complimentary claim for him? Also, the prosecutor's office didn't indicate your information to me when I informed them I needed to obtain the renter's insurance policy number. Are you 100% certain? Is there a federal or state case precedence to substantiate the policy holder has something to lose so I am or am not able to substantiate a claim.
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

The renter's insurance policy is held by the insured, not by a third party claimant.

So unless the individual that stole your money files a claim (which they wouldn't cover because you cannot insure against an intentional act), they aren't going to actually cover the claim.

The agent takes your information because they need to file a response - the adjuster doesn't just hang up the phone on you.

The prosecutor's office does not advise individuals about their civil remedies. (That isn't their job function).

Customer: replied 11 months ago.
1) Please re-read my statement. I was not hung-up on by an adjuster.2) Who is the adjuster filing a response to if I have no actual "third-party" claim. I AM THE one who called them.3) You are assuming an "intentional" act. I stated my money is missing. I don't know if this individual stole it, trashed it or smoked it intentionally or unintentionally------------(read: pain-killer addict. 99% probability we're not talking Tylenol)4) Prosecutor wasn't even supposed to receive my report. Yes, they do/did advise5) My last sentence: Is there a federal or state case precedence is simple and clear if you are an EXPERT......yes or no
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

I do not believe we are communicating very well.

I do wish you the best of luck, but I am going to "opt out" and allow another expert to assist you.

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