Quote:
Originally posted by Frank W
1) Since she explicitly asked the guy to be EXCLUDED from her insurance, there is no coverage for him. Normally, insurance covers anyone she lends her car to. But since she explicitly excluded him [people usually do this to lower their rates], he is not covered, therefore the accident is not covered.
2) According to common law in the US [state statutes may differ] larceny is the trespassory taking of another's property with the intent to deprive that person of the property permanently. Since the permanent deprivation is at issue -- he may claim he intended to return the car, he probably can fight the grand theft auto charge. However, most states have anti-"joyriding" statutes--they may be able to make this type of charge stick.
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According to my daughter the insurance company is indicating that they are going to pay since he had not been removed from the policy at the time of the accident. As I stated in the post above it will not be finalized until she gets a check. She is still, of course, taking a several thousand dollar loss.
I seriously doubt that he will be stuck with stealing the car, especially since she is not going to persue it, but all of the other charges will stick.