Niece took my car w/o permission, damaged, liability?

[kate554]

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?

 

[fairisfair]

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.

 

[CALIF-LAWPRO62]

A few more details, if that will help:

1. My sister and niece live on the next street. Niece either walks here or my sister drives her.
2. My dogs are fed special food, which is kept in my freezer. There was about 40# in there, no need to go out for anything.

MY RESPONSE: The "excuse" of needing animal food was merely an example. There may have been other reasons for her use of the vehicle.



Questions:

I also had jewelry and cash at home. Does that automatically give her permission to take that too?

MY RESPONSE: You're mixing apples and oranges. I wish I had more time to explain this to you, but I'm moving on to another thread. Perhaps someone else will take the time for you, but I've spent enough "free time" on this thread. You're going to need an attorney, and you can ask that person for further details.

IAAL

 

[seniorjudge]

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?

Q: If I file a police report, will they automatically arrest her?

A: There is nothing automatic in the law.


Q: Will she be charged with a felony?

A: No one can answer that question (except the prosecutor).

 

[kate554]

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.

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.

 

[weenor]

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]

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.

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.

 

[CALIF-LAWPRO62]

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.

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

 

[moburkes]

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

Insurance