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unauthorized use

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srella4651

Junior Member
I live in Indiana. The situation is this; my brother borrowed my son's vehicle while my son is on suspension and I had it insured on my policy with my brother as the driver. Things had gone well until my brother used again (he's an addict just out of treatment). The last time I saw him was 1/20/06 and the car was to be returned 1/22/06. I have yet to hear from him or see the car. I filed a report with the police but they told me it was unauthoized use, not stolen. If they find him and the car they will tell him to return it. My question is how long is it unauthorized use before it becomes stolen. I am also thinking of filing a claim in court for the cost of the vehicle so that my son can replace the car. What can I do? Thanks for the input....
 


Litigation!

Senior Member
srella4651 said:
I live in Indiana. The situation is this; my brother borrowed my son's vehicle while my son is on suspension and I had it insured on my policy with my brother as the driver. Things had gone well until my brother used again (he's an addict just out of treatment). The last time I saw him was 1/20/06 and the car was to be returned 1/22/06. I have yet to hear from him or see the car. I filed a report with the police but they told me it was unauthoized use, not stolen. If they find him and the car they will tell him to return it. My question is how long is it unauthorized use before it becomes stolen. I am also thinking of filing a claim in court for the cost of the vehicle so that my son can replace the car. What can I do? Thanks for the input....

My response:

"I am also thinking of filing a claim in court for the cost of the vehicle so that my son can replace the car."

Please explain how that would work.

IAAL
 

BL

Senior Member
It's unauthorized use because he was lent the car to use .
He did not steal it .

In my state the police could charge him with unauthorized use of a motor vehicle , but my guess is your State's language is talked funnier than some .

Check with them again , to see if they will take a formal report , and put the plates in the system to look out for .
 

JETX

Senior Member
srella4651 said:
My question is how long is it unauthorized use before it becomes stolen.
Never. The simple fact is... you gave him permission to use the vehicle.... and therefore, no theft occurred.

I am also thinking of filing a claim in court for the cost of the vehicle so that my son can replace the car.
I would love to hear you argue that one.... and who is your defendant???

What can I do?
Very simple. Go get your damn car. :D
 

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