uninsured car stolen and involved in police chase

[ecmst12]

Yep. It wasn't stolen, the keys were in the open and available for his use, he had implied permission to drive and wifey is on the hook for all the damage.

 

[slreno]

what is implied permission?

 

[Zigner]

what is implied permission?

Before you get an answer: Didn't you see him repairing the vehicle?

 

[slreno]

found it..
thanks
seems hard to believe it is implied permission after we told police he would not return keys and was driving without our permission..
if it goes to court guess we'll see what happens

 

[ecmst12]

Implied permission means the keys were hanging in the kitchen for anyone to grab. He lives in the house, so having the keys out in the open like that is considered implied permission. And once he has the keys, which he had implied permission to take, you can't then rescind permission in an attempt to remove your liability. You need to have taken reasonable care to make sure he didn't get the keys in the first place.

 

[slreno]

no we didnt see him reparing vehicle..
if i go to my brothers house and his keys are hanging on a hook in kitchen and i take his car, is it implied permission since they wasnt hid?

 

[Zigner]

no we didnt see him reparing vehicle..
if i go to my brothers house and his keys are hanging on a hook in kitchen and i take his car, is it implied permission since they wasnt hid?

You don't live at your brother's house.

 

[slreno]

ok i see
but to the original question..
since the officer wrecked on her own is it our responcability to cover the cost of the cruiser since our vehicle never directly caused her to crash?
by the way there has been no civil charges filed for it yet anyway.

 

[BOR]

Implied permission means the keys were hanging in the kitchen for anyone to grab. He lives in the house, so having the keys out in the open like that is considered implied permission.

No, IP is where the person taking control of the property, etc., has a firm belief if the Q were asked in person, "Is it okay to use your car", the answer would be yes.


If asked in person and answered yes, that is EXPRESS permission. IP is short of that, however, a court will frown on any misuse of it.

 

[slreno]

No, IP is where the person taking control of the property, etc., has a firm belief if the Q were asked in person, "Is it okay to use your car", the answer would be yes.


If asked in person and answered yes, that is EXPRESS permission. IP is short of that, however, a court will frown on any misuse of it.

ok then that raises another question.
even if there was IP OR exress permission, after the police where called and told that that (permission of any kind) was no longer allowed how can that be upheld in a court of law since a report was filed saying the person had no privelege at all...
dontmean to stir the pot anymore BUT

 

[BOR]

ok then that raises another question.
even if there was IP OR exress permission, after the police where called and told that that (permission of any kind) was no longer allowed how can that be upheld in a court of law since a report was filed saying the person had no privelege at all...
dontmean to stir the pot anymore BUT

If he is charged with a crime, it is HIS state of mind that is relevant. You can testify if needed that EP was definately no dice and even an IP was out.

The trier of fact will weigh each persons testimony.

 

[Zigner]

ok i see
but to the original question..
since the officer wrecked on her own is it our responcability to cover the cost of the cruiser since our vehicle never directly caused her to crash?
by the way there has been no civil charges filed for it yet anyway.

The cruiser wouldn't have wrecked were it not for the chase...

 

[ecmst12]

You can't rescind permission to avoid liability after the vehicle is already in posession of the driver. There was no insurance on the car yet it still had tags and the keys were sitting out in the kitchen. Whether he asked permission or not, those two facts were clearly negligent, in fact not having insurance on the car was ILLEGAL.

 

[Zigner]

You can't rescind permission to avoid liability after the vehicle is already in posession of the driver. There was no insurance on the car yet it still had tags and the keys were sitting out in the kitchen. Whether he asked permission or not, those two facts were clearly negligent, in fact not having insurance on the car was ILLEGAL.

ecmst - this is really not the place for that sort of information. OP only wants to hear how she is NOT liable for the damages.

 

[ecmst12]

Sorry it's not what they want to hear, but they really screwed up here and better for them to know what's coming.