| Message |
Author |
|
 Posted: Sat Dec 06, 2008 3:43 pm Post subject: SOMEONE ELSE HAD AN ACCIDENT IN A CAR REGISTER IN MY NAME WI |
|
|
| A FRIEND OF THE FAMILY TOCK MY CAR WITHOUT MY PERMISSION AND HAD AN ACCIDENT THE CAR DID NOT HAVE INSURANCE AT THAT TIME.HE HAD NO DRIVER LICENSE,PROVATION AND DUI. HE IS NOW IN JAIL BUT I DID NOT PRESS CHARGES AT THAT TIME BECOUSE I DID NOT KNOW WHAT I HAD TO DO I THOUGHT I WAS GOING TO GET CONTACTED BY AN OFFICER BUT NEVER DID KNOW I RECIVED A LETTER FROM THE STATE TELLING ME I HAVE TO BE LIABLE I DONT KNOE WHAT TO DO???????? |
|
JRLEON19
New member
Joined: 06 Dec 2008
Posts: 1
2.74 Dollars($)
|
|
| Posted: Sat Dec 06, 2008 5:55 pm Post subject: |
|
|
| You need to obtain a copy of the police report to determine what happen. Given the situation, I'd say the chances are good that your "friend" was at fault. As the owner _you_ may be held responsible for the use of the vehicle. You could attempt to report the vehicle stolen but I doubt the police will take this report so late in the game. Also, it's questionable if the vehicle was really "stolen" anyway (the person was given access to the keys). As mentioned, depending on the state you may be held responsible for the other person's loss. I'd get behind this situation as quickly as possible as letting it go will probably just make it worse. Contact the party that suffered the loss and/or their insurance company and see what you need to do. |
|
tcope
Forum Expert
Joined: 22 Nov 2006
Posts: 5065
Location: Salt Lake City, UT
272.43 Dollars($)
|
|
| Posted: Sun Dec 07, 2008 1:46 am Post subject: |
|
|
Jr leon, when you say they didn't have permission, how did they get keys? and the car was uninsured, but had you been driving it? had this person EVER driven it before? do you reside in the same house with this person? without knowing all the details we can't tell how good your chances are of getting out of this..oh, do you have another vehicle that IS insured? We'll need to know all the details including the state you are in and when this happened along with all the particulars...as Tcope said, get on this and right now, before you end up with a huge judgement against you as well..
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
|
Lori
Moderator
Joined: 10 Sep 2007
Posts: 8173
Location: Missouri
287.90 Dollars($)
|
|
| Posted: Sun Dec 07, 2008 11:17 pm Post subject: insurance |
|
|
| This is what I would like to know.......how DID the person start your car, JR19? Did he take the keys without your permission? Did you give them to you? I know someone this same senario happened to, but, I don't know what the results were. .....wish I DID know. I don't know if you would have to prove that this person took your car,etc. LORI......I like your statement, too. |
|
sdchargersfan
Senior member
Joined: 21 Aug 2007
Posts: 2055
4.67 Dollars($)
|
|
| Posted: Mon Dec 08, 2008 5:55 am Post subject: |
|
|
Well, the police even may rule out the possibility of theft since he's a friend of the family. How can you prove that the car was taken without your permission? If the individual had the access to the keys, it'd be looked at as an expression of permission. And, therefore, you won't be able to file theft charges against him.
In some states the auto policy follows the vehicle, in such situation the owner of the car is responsible for the accidents caused by the drivers driving the car. You should response the to letter send by the state at your earliest.
_________________
Register Now to have your Insurance queries solved. |
|
coffeeandcaramel
Guest
|
|
| Posted: Mon Dec 08, 2008 11:41 am Post subject: |
|
|
.
.
.
coffeeandcaramel,
I have to take issue with this part of your comments.
"" How can you prove that the car was taken without your permission? If the individual had the access to the keys, it'd be looked at as an expression of permission. ""
1.. In old Russia it might be Guilty until proven innocent. But in the U.S. its the other way around.
2.. If one set their Bank Pouch [with cash inside] on the kitchen table while they walked outside to get the mail, and a friend (some friend??  ) of the family stole the cash.... Do you really think its OK since the Bank Pouch was right there as an expression of permission to steal the cash??
I don't think so.!
Although I'm sure there are _some_ Insurance Companies out there that would try that line. [to save a buck] if they thought they could.
FK, |
|
FK
Senior member
Joined: 10 Feb 2008
Posts: 290
Location: Pa.
41.08 Dollars($)
|
|
| Posted: Mon Dec 08, 2008 11:56 am Post subject: |
|
|
| Quote: | I have to take issue with this part of your comments.
"" How can you prove that the car was taken without your permission? If the individual had the access to the keys, it'd be looked at as an expression of permission |
. I agree with your exception Fred, and house burglar would have access to my car keys because they are laying on my desk in the basement...most of the time they are in the door lock (body shop habits hard to break) inside my basement garage, so am I implying permission...???? of course not....simple access to keys does not always imply permission...are there times when it does? of course, but not always....one way this could be is, you've got a kid or friend that you have told repeatedly NOT to drive your vehicle, but they continue to do so...now if you leave the keys out in plain site, you're asking for some trouble aren't you? I doubt this is the scenerio in this claim, but it could be....at any rate, access to keys does not automatically imply permission.
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
|
Lori
Moderator
Joined: 10 Sep 2007
Posts: 8173
Location: Missouri
287.90 Dollars($)
|
|
| Posted: Mon Dec 08, 2008 2:47 pm Post subject: |
|
|
| Quote: | "" How can you prove that the car was taken without your permission? If the individual had the access to the keys, it'd be looked at as an expression of permission. ""
Although I'm sure there are _some_ Insurance Companies out there that would try that line. [to save a buck] if they thought they could. |
Perhaps I'm missing something here. What C&C is stating is if the person had access to the keys, the insurance company could not exclude liability by stating the vehicle was stolen... they would need to consider the person a permissive user as they had access to the keys and pay the claim.
| Quote: | | 1.. In old Russia it might be Guilty until proven innocent. But in the U.S. its the other way around. |
That is what they would like for you to think but it's not entirely true. Money will make you not guilty and lack of good representation will make you guilty. |
|
tcope
Forum Expert
Joined: 22 Nov 2006
Posts: 5065
Location: Salt Lake City, UT
272.43 Dollars($)
|
|
| Posted: Mon Dec 08, 2008 9:54 pm Post subject: |
|
|
*****Money will make you not guilty and lack of good representation will make you guilty.****
That is still ONLY after everything has been proven. We at least go through the charades of a trial. |
|
Rb13
New member
Joined: 12 Nov 2008
Posts: 8
5.98 Dollars($)
|
|
| Posted: Tue Dec 09, 2008 6:46 am Post subject: insurance |
|
|
| I know you say this person is NOT on the insurance, however........I think the 'issue' would be how the person DID get access to the keys, etc. I wonder, though,.......if the person did NOT have access to them ( and stole them..) can you press charges for theft? ALOT of 'factors' can come into play here..ya know? |
|
sdchargersfan
Senior member
Joined: 21 Aug 2007
Posts: 2055
4.67 Dollars($)
|
|
| Posted: Tue Dec 09, 2008 8:28 am Post subject: |
|
|
| Quote: | | Perhaps I'm missing something here. What C&C is stating is if the person had access to the keys, the insurance company could not exclude liability by stating the vehicle was stolen... |
Exactly so, and
| Quote: | | In old Russia it might be Guilty until proven innocent. But in the U.S. its the other way around. |
Would work the same way for the accused  the OP can bring a charge against the accused for stealing his car, but he needs to prove it as well.
_________________
Register Now to have your Insurance queries solved. |
|
coffeeandcaramel
Guest
|
|
| Posted: Tue Dec 09, 2008 8:42 am Post subject: insurance |
|
|
| Well.........that's true. It MAY be a difficult thing to prove. It's one person's word aqainst another..I suppose. |
|
sdchargersfan
Senior member
Joined: 21 Aug 2007
Posts: 2055
4.67 Dollars($)
|
|
| Posted: Tue Dec 09, 2008 12:33 pm Post subject: |
|
|
| Quote: | | if the person did NOT have access to them ( and stole them..) can you press charges for theft? |
as you said many things come into play, like 'implied permission' would they (driver) have reason to believe they had permission etc...course the OP didn't file a vehicle theft EVER ...so would be hard i think on him/her to prove this NOW, but maybe not...since the OP hasn't come back and filled us in on the ''rest of the story' we are left guessing.
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
|
Lori
Moderator
Joined: 10 Sep 2007
Posts: 8173
Location: Missouri
287.90 Dollars($)
|
|
| Posted: Sat Mar 06, 2010 7:24 am Post subject: legal question |
|
|
I gave my car to a sister as gift for over two years. I continued paying for the insurance as she was having difficulty registering the vehicle on her name due to finance.As the insurance was about two or three days to expire,Itold her not to continue driving the car until she get her own insurance as I will no longer be able to pay due to changes my income recently.she continued till police inpound the car and take me to cout.What charges is against me and solution since the registration is still on my name till police took the plate number. This is in Massachusset
_________________
Register Now to have your Insurance queries solved. |
|
augustine
Guest
|
|
| Posted: Sun Mar 07, 2010 6:22 pm Post subject: no insurance |
|
|
| how much damage to the other party.....if they have uninsurance coverage......their insurance company will come after you......you can write them a letter stating you were not driving.....and give them the drivers information.....if you have deep pockets.......you may want to talk to an attorney.....good luck.... |
|
b61mack
New member
Joined: 03 Jan 2010
Posts: 22
5.00 Dollars($)
|
|
