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Implied permission or theft?

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D

duffyj2

Guest
I am a resident of Massachusetts. Recently, my younger brother (15 years old and no license) took my fully-insured vehicle for a joyride w/out my knowledge or permission. He got into an accident and cracked up my car very badly -- basically totalled; no third party was involved, however, and there is no property damage other than my own. He had a key for the car in his posession without my knowledge and had been taking the car for some time without me knowing (it is my second car and I only drive it in the Summer; I am also not home during the day). The police were involved with this incident, and they are citing him for driving to endanger, operating w/out license and speeding ... no theft.

My insurance company claims that, to pay for this, I would have to report it as theft and he would be charged with theft. They will not allow collision or "implied permission"; my argument is that I have allowed him to drive the car in a parking lot previously as well as moving it around the driveway, so "implied permission" makes sense -- especially since he had a key in his posession. I would also like to prevent them from going after him for the cost of damage afterwards, but they consistently refuse to do so.

Please help me out.

Best Regards...
 



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