My son died from a motorcycle accident. I had the bike to his home residence, where he lived with a girlfriend, in his locked garage, . I have the title. I am ready to settle with the motorcycle insurer, but she is uncooperative with releasing the bike- which was totaled and not drivable. What are my options for obtaining the bike to release to the insurance company?
2 Answers from Attorneys
Get appointed the personal representative of his estate in the probate court where he lived at the time of his death. Then, file a Claim & Delivery action requesting the motorcycle. She probably will not fight it. You then get the order and send the local sheriff out to pick up the bike.
I agree with the above counsel. On a side note, I'm sorry for the loss of your son. If you don't have counsel please contact an attorney before you "settle" with the insurance company. I have seen many people settle for far less than they could receive. Contact me If you need more information.