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05-19-2006, 09:27 PM
| | Junior Member | | Join Date: May 2006
Posts: 11
| | | bizarre scenario - please help
What is the name of your state? California
At the beginning of April I began letting a girl I was dating, let's call her K, use my 2000 Honda Civic with the intention of letting her make payments to me in order to purchase the car from me. The Civic was sitting in my driveway since I was intending on selling it so, nice-guy me, why not help the poor girl out? K and I never got around to putting any of our agreement in writing. However, I did purchase an insurance policy under K's name with insurance company A for liability only ... to cover her in case she ran over someone. Also, on the same day, I cancelled the policy I had with company B, a policy which was also only for liability. K and I have since had somewhat of a falling out, naturally, and she starts playing the "I'll get you the car next week once I have enough money to buy another cheaper car" game. About a week ago I start getting nervous I may never see this car again, so I reinstate the policy with Company B, under my name, and add on comp and collision to the policy. What I'd like to do today, since today was another broken promise day from K, is simply report the car stolen and let the cops and the insurance company work it out. Is this a scenario the insurance company will cover me on? Am I even justified expecting them to cover me? HELP!! What would you do if you were in my shoes? ... besides call yourself an idiot.  What is the name of your state? |
05-19-2006, 09:33 PM
| | Junior Member | | Join Date: May 2006
Posts: 21
| | Quote: |
Originally Posted by rjacobson What is the name of your state? California
At the beginning of April I began letting a girl I was dating, let's call her K, use my 2000 Honda Civic with the intention of letting her make payments to me in order to purchase the car from me. The Civic was sitting in my driveway since I was intending on selling it so, nice-guy me, why not help the poor girl out? K and I never got around to putting any of our agreement in writing. However, I did purchase an insurance policy under K's name with insurance company A for liability only ... to cover her in case she ran over someone. Also, on the same day, I cancelled the policy I had with company B, a policy which was also only for liability. K and I have since had somewhat of a falling out, naturally, and she starts playing the "I'll get you the car next week once I have enough money to buy another cheaper car" game. About a week ago I start getting nervous I may never see this car again, so I reinstate the policy with Company B, under my name, and add on comp and collision to the policy. What I'd like to do today, since today was another broken promise day from K, is simply report the car stolen and let the cops and the insurance company work it out. Is this a scenario the insurance company will cover me on? Am I even justified expecting them to cover me? HELP!! What would you do if you were in my shoes? ... besides call yourself an idiot. What is the name of your state? |
My response:
I guess you don't mind a Felony on your record. Why would you file a False Police Report when the car is not stolen?
Just go get your car!
IAAL |
05-19-2006, 09:36 PM
| | Junior Member | | Join Date: May 2006
Posts: 11
| | | I cannot locate her, IAAL, and she refuses to give me the car back. All I have is a phone number for her ... which she picks up when it is convenient for her.
To me, if someone refuses to return a car to you which you let them borrow, is that not the same thing as stealing? |
05-19-2006, 09:42 PM
| | Junior Member | | Join Date: May 2006
Posts: 21
| | Quote: |
Originally Posted by rjacobson I cannot locate her, IAAL, and she refuses to give me the car back. All I have is a phone number for her ... which she picks up when it is convenient for her.
To me, if someone refuses to return a car to you which you let them borrow, is that not the same thing as stealing? |
My response:
Nope, not under the law, it isn't. What you have is a Breach of Contract matter, and it's up to you to locate her. You do not involve the Police based upon a lie - - because that's what it is.
It's not anyone's fault that you don't have her current whereabouts, except you.
Hire a private investigator, or a Repo Man, if you have to. But it's your responsibility, not the police.
IAAL |
05-19-2006, 09:54 PM
| | Junior Member | | Join Date: May 2006
Posts: 11
| | | What contract? This is a $6k car ... I thought any agreement over $1000 had to be in writing? It is my understanding there is no contract here ... therefore, this is not a breach of contract civil issue ... this is a criminal issue. |
05-19-2006, 09:57 PM
| | Junior Member | | Join Date: May 2006
Posts: 21
| | Quote: |
Originally Posted by rjacobson What contract? This is a $6k car ... I thought any agreement over $1000 had to be in writing? It is my understanding there is no contract here ... therefore, this is not a breach of contract civil issue ... this is a criminal issue. |
My response:
I'm a California attorney, and you're quoting what you believe to be the Statute of Frauds, and other maxims of law?
Okay, have it your way. Do whatever you think best.
Good bye.
IAAL |
05-19-2006, 10:19 PM
| | Senior Member | | Join Date: Nov 2005 Location: Alabama
Posts: 2,106
| | Quote: |
Originally Posted by rjacobson What contract? This is a $6k car ... I thought any agreement over $1000 had to be in writing? It is my understanding there is no contract here ... therefore, this is not a breach of contract civil issue ... this is a criminal issue. |
Statute of Frauds involves real, not personal property. Since you allowed her to have the car you have an oral contract. To make the case criminal you would have to lie and say that she did not have permission. Do a skip trace and repossess the car...make sure that the repossession is "peaceful" under the laws of your state...so she can't sue YOU. |
05-19-2006, 10:31 PM
| | Junior Member | | Join Date: May 2006
Posts: 21
| | | [quote=weenor]
Statute of Frauds involves real, not personal property.
MY RESPONSE: Actually, in California, it does. But, this guy has it wrong.
Since you allowed her to have the car you have an oral contract.
MY RESPONSE: Specifically, he has a "bailment contract." And, she has the key to the car to prove it.
To make the case criminal you would have to lie and say that she did not have permission.
MY RESPONSE: Agreed.
Do a skip trace and repossess the car...make sure that the repossession is "peaceful" under the laws of your state...so she can't sue YOU.
MY RESPONSE: Agreed. That's why I mentioned Private Investigator, or Repo Man. They have the tools to conduct a skip trace.
IAAL | |
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