Help! Paying for totaled vehicle - not my fault!

What is the name of your state? Indiana
Question: I own a vehicle that I co-signed for my daughter. Her boyfriend at the time, took the vehicle without permission and had an accident which he was drinking. He took it from the hospital the night that my grand-daughter was born and went drinking. He totaled the vehicle and was incarcerated for injuring someone else who later died. Can I as the vehicle owner sue him since the vehicle is still being paid for every month yet is not drivable? How long is the statue of limitations? The accident happened November 24, 2004. I had not authorized him to drive the vehicle but have since learned that he was listed as a secondary driver on the insurance that I did not authorize. The insurance company would not pay for the vehicle because he had a suspended license and was drinking and driving. I would think the insurance should be held liable for “insuring” a suspended driver anyway. He was just released on parole May 26th of this year. He was NOT on the title and not authorized by me to take the vehicle and in fact, he took the keys from my daughter when she was asleep on pain medication from just giving birth, she was still in the hospital and she didn't authorize him to drive it either plus he left his own vehicle at the hospital to take the one I've signed for. What are my options?

MANY people are REQUIRED to have insurance BY LAW because of something in their past like being caught with no insurance, previous DUI, etc.

People who do not have permission to drive a vehicle are NOT covered by insurance. Its right in the policy.

Did you or your daughter file a police report?

Help! Paying for totaled vehicle - not my fault!

moburkes said:

MANY people are REQUIRED to have insurance BY LAW because of something in their past like being caught with no insurance, previous DUI, etc.

People who do not have permission to drive a vehicle are NOT covered by insurance. Its right in the policy.

Did you or your daughter file a police report?

Click to expand...

Yes, my daughter filed a police report but that's no help. We are just trying to find out if my husband, as the owner of the van, can sue him (the unauthorized driver) for damages? We'll probably never see the money but we are paying for a totaled van that we didn't wreck and the insurance won't pay even though he was listed as a secondary driver (she put him on the policy and we didn't know but he had a suspended lisence which we also didn't know) so the insurance won't pay since he was at fault. Shouldn't the insurance company be liable too since they listed him even though he had a suspended lisence?

This is a hard one. Was he listed as excluded on the policy? How did he end up being added in the first place? Why?

Do you have a copy of your policy? If so, and you have access to a scanner or fax, PM me.