Q: If I file a police report, will they automatically arrest her?kate554 said:Let's forget implied consent for a moment, please.
If I file a police report, will they automatically arrest her?
Will she be charged with a felony?
No way has she ever used my car before. NO WAY. In fact the only other person who has EVER driven this car besides me was my then husband.fairisfair said:and I would bet my bottom dollar that this is not the first time this kid has used this car, and that that is exactly what she would say, regardless of the claims now. That is why I asked the very first questions that I did, after her original post. And giving her permission to use the vehicle for any purpose, before or at that time, implies permission to use it at other times as well.
The OP stated that her niece did not have permission to use the vehicle. In this case, the insurance company will not defend the OP, nor offer coverage, since there was no permission given. Therefore, if there is a lawsuit (the part about the OP not knowing the exact details of the accident), the insurance company won't be able to provide the deep pockets.weenor said:while I tend to agree with IAAL, cases such as this play out in the minutia. I recently won a negligent entrustment case on summary judgment in which a brother borrowed his sister's car and ran into another vehicle. The sister testified that the brother had express permission to use the key and sit in the vehicle to listen to music, but no permission to drive the vehicle as he was unlicensed. Without evidence that he had permission (he was indisposed and unavailable for deposition) there could be no negligent entrustment and hence no vicarious liability on the part of the sister. Btw- the brother did not have insurance or any other money, so the other driver didn't bother him, suing the sister instead for her coverage. This is usually the context this sort of thing comes up. The deeper the pockets ...the more chance of being brought in.
moburkes said:The OP stated that her niece did not have permission to use the vehicle. In this case, the insurance company will not defend the OP, nor offer coverage, since there was no permission given. Therefore, if there is a lawsuit (the part about the OP not knowing the exact details of the accident), the insurance company won't be able to provide the deep pockets.
InsuranceCALIF-LAWPRO62 said:My response:
So, true. The repair bill for the car will fall squarely on our writer's shoulders - - and then, she can turn around and sue her niece for those damages (yeah, she's got tons of money!)
Moburkes, are you in the insurance business or work in a law office?
IAAL