Cousin took my car, wrecked & DUI

nbohn · #1 10-10-2006, 01:12 PM

Hello:

I come here to get extra opinions for what I can and should do. My wife's cousin was staying with us and decided to take my vehicle out after we went to bed. He is not on my insurance. I am an active duty military dependent. My insurance has my wife and I only and is liability insurance with safe auto. The tags/registration is still in my mother-in-law's name because of distance circumstances and am still in process of getting tags transfered to my name. I was sold this vehicle a few weeks ago in the state of PA and I live on base in the state of SC.

My wife's cousin hit a lady in a mini-van and got a DUI. He is not on my insurance, yet my insurance is on the accident report. I talked to the police the next day and they said for me to have a police report stating he took the car w/o my permission would mean he would go to jail. I would LOVE to send him to jail without any problem, but my wife and family are giving me much grief about this. I have stalled on having the cops take him away for taking the vehicle.

Now, what is possibly going to happen? Should I let my insurance company pay for this and deal with it? It is too late now to take him to jail for stealing the vehicle. It looks as I am stuck with this because my insurance is on the accident report. I have a bill of sales stating I purchased the vehicle, but the registration is still in my mother-in-law's name. Am I held liable now? Can I be sued or my mother-in-law? Can I have my insurance company sue him? Please, give me the best advice possible. I would love to send him to jail, but give me advice w/o him "stealing the vehicle" being reported.

Sincerely,

N Bohn

moburkes · #2 10-10-2006, 01:13 PM

Your insurance is on the accident report because it is your insurance that will pay the claim.

weenor · #3 10-10-2006, 01:34 PM

Quote:

Originally Posted by nbohn

Hello:

I come here to get extra opinions for what I can and should do. My wife's cousin was staying with us and decided to take my vehicle out after we went to bed. He is not on my insurance. I am an active duty military dependent. My insurance has my wife and I only and is liability insurance with safe auto. The tags/registration is still in my mother-in-law's name because of distance circumstances and am still in process of getting tags transfered to my name. I was sold this vehicle a few weeks ago in the state of PA and I live on base in the state of SC.

My wife's cousin hit a lady in a mini-van and got a DUI. He is not on my insurance, yet my insurance is on the accident report. I talked to the police the next day and they said for me to have a police report stating he took the car w/o my permission would mean he would go to jail. I would LOVE to send him to jail without any problem, but my wife and family are giving me much grief about this. I have stalled on having the cops take him away for taking the vehicle.

Now, what is possibly going to happen? Should I let my insurance company pay for this and deal with it?

USAA will defend you in a lawsuit but will fight paying because he was not covered or otherwise an insured. When the victim files the lawsuit, she will likely sue you for negligent entrustment to reach your insurance. You will have to prove that he did not have permission (actual or constructive) to operate the vehicle.

It is too late now to take him to jail for stealing the vehicle.

Probably but you can try. The biggest problem you are going to have is that the other driver will try to hold you responsible.

It looks as I am stuck with this because my insurance is on the accident report. I have a bill of sales stating I purchased the vehicle, but the registration is still in my mother-in-law's name. Am I held liable now? Can I be sued or my mother-in-law?

All of you are likely to get sued.
Can I have my insurance company sue him?

That will be up to your insurance company

Please, give me the best advice possible. I would love to send him to jail, but give me advice w/o him "stealing the vehicle" being reported.

Sincerely,

N Bohn

Bottom line is that everyone will get sued because he likely has no money. The insurance company will defend you and ask for solid proof that this man did not have permission to take the vehicle that night and never had persmission at any other time.

ecmst12 · #4 10-10-2006, 02:16 PM

He didn't say he has USAA (even though he should because they rock), not all servicepeople do

#5 10-11-2006, 11:52 AM

You state you bought the vehicle "a few weeks ago." Did you inform your insurance company that you bought the vehicle, and to put it on your policy?

nbohn · #6 10-11-2006, 02:02 PM

Yes, I have placed the vehicle on my insurance.

stephenk · #7 10-12-2006, 12:54 AM

Was he already drunk when he left your house? If yes, then you better not say you gave him permission to take the car. If you do you face the possibility of being sued for negligent entrustment and possibly punitive damages. Your carrier will not defend or pay any settlement/judgment that involves punitive damages.

ecmst12 · #8 10-12-2006, 08:41 AM

How could he have given permission if he and his wife were already asleep when cousin took the car?

stephenk · #9 10-12-2006, 11:29 PM

If he ever let the cousin drive the car it can be implied that the cousin had permission to take the car when he wanted. So if the poster is reluctant to press theft charges on the cousin and cousin was drunk when he took the car, the poster can be sued for negligent entrustment. Plus, the carrier may deny coverage if the cousin is convicted of DUI.

So best bet for the poster is to proceed with having theft charges brought against the cousin. Let the drunk bear the brunt of the liability.