If my motorcycle was stolen recently but was recovered, can I refuse to take it back and insist my insurer pay it off?

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If my motorcycle was stolen recently but was recovered, can I refuse to take it back and insist my insurer pay it off?

Asked on July 2, 2015 under Insurance Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you can't--assuming it is in running or repairable condition, you have to accept it back, though your insurer may need to pay for repairs. The simple fact is, that if you received it back, it's not missing--and insurance doesn't pay for attempted theft, but only if the property is taken and not recovered. And if it runs or can be repaired, it hasn't been totaled, so you would not get the insurance value on that basis, either.


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