QUOTE (SoxNation @ Nov 12 2009, 01:35 PM)

You would lose, once you have been compensated for your vehicle, the insurance company owns any right to it, they basically have bought it from you even if they don't receive it.
If it's recovered they get it. This is similar to a totaled vehicle, if they give you the money it's worth, they take the vehicle and either rehab it and sell it, or just sell it.
At the time of the loss it was worth X dollars, he got X dollars, he is complete, he has no loss. Just because they get it 35 years later and its worth Y now, it doesn't matter.
An insurance policy is a legally binding contract between an insurance company and the person who buys the policy. In exchange for payment of a specified sum of money, the insurance company agrees to pay for certain types of loss or damage as specified by the contract. Insurance policies offer protection against economic loss, that is, loss or damage which can be measured in purely financial terms and compensated by money. When a loss occurs which meets all of the requirements described by the terms of an insurance policy, the loss is said to be "covered" by that policy. The consumer is paying on a regular basis to have some sort of security from monetary losses, in no way he is selling the rights for his loss to the insurance company.
Its a damn good reason to sue, and even if the state law specifically states that the insurance company owns whatever property they compensante for the loss, it is a good opportunity to change said law. And make a buck.