Crap:
 

I just learned that my youngest daugher had her car stolen today (while she was at work) by her scumbag boyfriend. The car has been found, totaled out, and her boyfriend is in jail. Some of the charges are, drunk driving, driving with a suspended license (just had a DUI about a month ago), leaving the scene of an accident, possession of stolen property and a few more.

During her lunch break, she discovered that her car was stolen. She notified the police and they made a stolen vehicle report.

According to the police that arrested him he had a key to the car. She had him on her insurance, although she told the insurance company a month ago to take him off because she would not let him drive the car anymore as he had his license taken for the DUI. By the way he wasn't supposed to have a key to the car as my daughter had made him give her the key back when he was busted a month ago for DUI. She told me that he apparently had a spare made without her knowledge.

Two questions:

#1: Under the circumstances do you think her insurance will pay?

#2: Do you think a stolen vehicle charge will hold up against him?

He is a worthless piece of work and I will like to see him put away. I have repeatedly told my daughter to stop taking this loser back as all he has ever done is shit on her.

1)not all of it
2)no

I think that if she presses charges against him, some charges will stick. technically, insurance is supposed to pay, depending on ur coverage, but they don't really like DUI. And ESPECIALLY if he's written into the policy then they should pay. But at the same time, since he's on the policy, the grand theft auto charges might not stick. but once again, it all depends on whether or not ur daughter will want to press charges against him and how good ur lawyer is. =)

Damn, her boyfriend stole her car?

If she has a policy that covers such, they have no reason not to pay. But they'll probaby cancel her immediately after. They're known for that.
As far as it holding up in court.. The car was taken without her knowledge or permission; making it stolen if she chooses to press charges as such.

In California I believe above.

I went through something like this when I was a service Manager for a company.. And this was in California.

But here's the way it works. an example
"If you invite someone into your house ( now this was from the Police Dept. ) you invite them to use your car". I guess you have to make sure your keys are secure.. I guess you also invite them to use anything you have....

This involved a company pick up that one of my Tech.'s used.
And 2 teenage girls took the keys from the coffee table while he was asleep, totaled the company pick up hit a tree head on.

I had a very hard time even getting a police report for the Ins. company...

I can't remember if the Ins. company paid or not, I may have not been told and would not have ask as that really was not my Dept.

The cops did not do shit to the girls...

I don't know about the rest of the country but for you people that live in California this is something to remember...

Hook her up with me, i've got my own car :)

My sister had her car stolen a couple of years ago by her boyfriend after he beat her up. I went looking for him and stopped a cop and explained the story to them and they said there was nothing they could do because he had the key, her key, not even a copy or something.


That just sucks

I'm hoping you were a good brother and kicked his ass.

The innocent is always the one that pays. Lock the prick up and throw away the key.

http://fallendomains.com
40,000+ expired names daily plus a TON more.

Dude, she in love with him. Those wacky kids will tell their parents anything to get out of trouble.

I really and truly did. Got a suspended sentence and 40 hours of community service out of it, but I did kick his ass.


Sorry to hear this Pathfinder, I have a couple of daughters and I think it hurts us the most when they are hurt.


RD

I have to drive my daughter today to the town that her boyfriend totaled the car. She has to get her personal items out of the car, including her wallet.

She wants me to take her to the jail he is in so that she can see him. I told her not on my watch.

I cannot believe her stupidity when it comes to this piece of shit. He has been nothing but trouble and she keeps bringing him back into her life.

Personally I would like to take him out of life.

if the insurance company doesn't pay, call your state's insurance regulators. they can probably help you out. the insurance companies don't give one shit about their customers typically 'cause they have a guaranteed market (in most states) but they do care about being able to sell insurance in the state.

good luck though. that he was still on the policy is bad news, it'll be nearly impossible to prove he stole the car unless she can somehow prove that she did actually request he be removed. did the insurance premiums drop after that request was made?

btw: i'm surprised the ins. co didn't boot him off/demand higher premiums themselves when he got his DUI.

I owned a medium sized insurance and investment company for about seventeen years before selling the firm and retiring. I was just going to hunt, fish and lift weights until I got bitten by the porn bug.

The news will probably not be good for you or your daughter. His DUI and the criminal charges will all stick just fine.

The liability issue is a contentious one, at best. By having a key and been given permission to drive the car, along with being an insured on the vehicle, the insurance company will stick you with an "at fault" accident. Because he was on the insurance policy as a insured driver...but you kinda shot yourself in the foot by letting someone know that she requested him off the policy.

First, descretely find out if he is still insured under the policy. If he is, good, shut up and don't ever mention anything about a phone call to take him off the policy. Tell them your daughter was hysterical and was blurting out crazy shit...anything you can think of.

Second, if you find out that he was not on the policy at the time of the accident, well, your cause of action will probably be against the boyfriend. That will probably leave you fucked, he doesn't sound like a responsible person.

Lastly, the increase in your insurance premium will depend upon the liability issues above...in Illinois, you would probably be put in the assigned risk pool...which is a pool of drivers with bad driving records and DUI's...they then aportion those drivers to all insurance companies doing business in Illinois. Just a simple liability policy, four years ago, was in the 6000 dollar range. ouch!

If there is anything I can do to help you, contact me via email and I will be more than glad to help you...I speak thier language and there is a possiblity that you could wiggle out of this thing and get the car paid for and get the insurance company to sue the boyfriend. That is the tack I would take. Let me know if I can help.

letshunt:

Interesting info and thanks for the offer of assistance.

Yesterday when the police made a stolen car report, the police told my daughter that she should inform her insurance company that her car had been stolen. At the time she was unaware that it was her boyfriend that had taken the car, because he was supposed to be at work. Apparently instead of going to work he got drunk and decided to go back to San Francisco, which is where he is from.

When my daughter called the insurance company to report that her car had been stolen, she also inquired (as a routine matter) about whether or not they had removed her boyfriend from her insurance as she had requested over a month ago (when he was convicted of a DUI and lost his license). They informed her that they were unaware of any such request and would mail out papers for her to fill out. So as of yesterday when he wrecked the car he was still on the policy. The problem being he was drunk when he wrecked it and driving when he had a suspended license, and is currently charged for that, as well as for stealing her car.

Some hours later, when the police notified her that he had wrecked the car and had been placed under arrest, she attempted to contact her insurance company to notify them that the police had located the car and that he had been totaled out, but the insurance company was closed.

Today when she tried to call the company she got an answering machine and left a message, but no one returned her call.

So at this point in time the insurance company is unaware that the car was totaled and that her boyfriend is the one that stole the car, and that he was driving with a suspended license for a DUI conviction about a month ago.

When the insurance company learns all of the details it is my suspicion that they will not deny liability and tell her (as you said) her cause of action will have to be against the boyfriend (which means she is screwed).

She still owes the finance company for the car in addition to the loss.

In a way this is her fault as this guy has been nothing but trouble for her ever since she got involved with him and even now is upset that he is in jail.

I don't know how it works in Cali but I think it would be safe to say that insurance companies will not cover the damage to the car if the damge was the result of it being driven by a drunk driver. Up here in Canada if this were to happen they would cover injuries or damage to a 3rd party if he had hit another car or something like that; they would not cover her car as most insurance contracts will state that certain parts are null and void under certain circumstances, i.e. drunk driving. On top of that the insurance company will come after the policy holder to collect for any monies that they had to pay out to third parties.

dunno cant really offer any help read throught everything though letshunt's posts was really helpful and let us know how this thing ends up

What kind of insurance does she have on the car? It may be better in the end that he was listed on the policy, IF you have a comprehensive type policy, and not just liability insurance on it. I would imagine that if the car is not paid for then the noteholder would require some sort of comprehensive policy to protect their investment.

So, if the jerk was listed as a driver, and you have more than standard liability, your insurance company should be paying. You might also want to hit them up for loss of value as well if you've got the comprehensive policy.

Don't let the insurance company tell you they aren't paying and leave it at that either. If need be, spend a hundred bucks and get an hour long consultation with a lawyer who works on such matters. You may be glad you did.

In either case, look forward to paying way jacked up rates after the insurance company pays out, if they don't outright cancel you...

KimmyKim:

She has full comp and yes; I will have her consult an attorney if they deny liability.

Someone posted something about California...where here's a bit of Texas experience.

My mother loaned a car to a woman in her building...this woman claimed that a friend of a friend took the car for a ride.

Well anyway...the police would not do anything about it at all because technically it wasn't stolen...it was just "borrowed."

The only recourse available to my mother was to go to civil court...well long story short about 5 months later they found the car in a convenience store parking lot in fairly decent condition...my mother just had to pay to get it out of the impound lot.

She only had liability on the car at the time so I don't know about the insurance question...but my experience with insurance has always been in the end they usually screw you.

That would probably be the best thing to do, since most insurance companies, especially large ones, try to take as much of your money as they can and give you nothing in return.

On the matter of the jerk, she'll probably learn, but not until it's caused her a good bit of heartbreak.

gramps, with all of your scary intellect you come to a porn chat board for legal advice?

sounds like someone inherited daddy's brains.:1orglaugh

12miss:

Is going blind a sympton of AIDS? Or is it just your typical lack of comprehending what you read?

Show me the quote where I am requesting legal advice?

here you go gramps:

isn't it getting old having me point out your stupidity over and over? don't you wish you didn't come around here pretending to be smart? :1orglaugh :1orglaugh :1orglaugh

If you think that in anyway those questions are a asking for legal advice you comprhension is less than even I gave you credit for. It is a solicitation for peoples opinion not a soliciatation for legal advice. You better go in for an AIDS check, your already pea sized brain is becoming even smaller.

hahahaha, yeah thats it. what and old fool.
It must really suck being you. Tell your future son-in-law I said hello.:1orglaugh :1orglaugh

Hmmm; I didn't realize you are that old.

so then, I won't be getting an invitation to your drunken future son-in-law's wedding?:1orglaugh

Pathfinder-

If he is still listed as an insured driver, you are in good shape no matter what condition the driver was in. The insurance will pay for the incident.

I repeat, do not even infer that you wanted him off the policy earlier...the insurance company will jump all over that and try to get a backdate on the cancellation. the earlier call needs to be a figment of someones imagination and forgotten or you will walk right on your own dick.

The insurance company has to pay the comp part whether the guy was drunk or not. They will go after him for the money they pay you. I called a buddy of mine who is a State Farm agent in California, I hadn't talked to him in a while and inquired about this issue in relation to here...he went to high school with me in Illinois. Same there as it is here.

Again, I repeat, stop any talk of dropping him off the policy until you get this claim settled. His drunkness and stealing the car are non issues as far as the comp and collision goes. Then let the insurance company hound him...they have floors of fucking attorneys that settle matters like this and they will chase him to the end of the earth...they are relentless....they don't have anything else to do.

You can have mine.

letshunt:

Sounds good. I will let you know the outcome, which will take a period of time. Thanks for your time and input.

pathfinder-

One last note...don't get an attorney involved early...that is a declaration of war...in an insurance companies view.

Getting an attorney involved should be your LAST option...most insurance companies have an army of attorneys...they will file motion after motion and tie you up. You have one attorney, they will have a hundred...I like Davey Crockets chances at the Alamo better.

Also, your State Insurance board will be absolutely useless, they have very little authority and one complaint won't even be a pimple on thier ass. Plus they will take a strict interpretation of the policy...you may as well try to piss on aforest fire.

Im going to bed.

Bust his nuts.....:BangBang:

I just learned today that the SOB is out of jail. He wasn't arraigned within 72 working hours so by law he had to be released.

I don't know enough about the law to know if this means that he walks on all charges, or if the prosecuter can still charge him and put him back in jail.

Any learned input about this subject?

I haven't spoken with my daughter recently so I don't know what the insurance staus is.

Bump.

not to good ! .....:2 cents:

once your daughter dropped the charges, there was no reason to keep him locked up. did you find a place to hold the wedding reception yet pops? :1orglaugh

It seems like your daughter should be able t press some sort of charges on him even if he walked on the DUI. Have her talk to the prosecutor's office, get in to see an ADA and find out right from the ones that would be bringing charges. Free and a much better source of info than an attorney since they'd be the ones deciding to press or not.

12miss you are awake. Are you thru that time of month yet?

Better have some more coffee, because once again your comprehension level is low. My daughter cannot drop DUI charges (second one in a month or two), driving on a suspended license, fleeing the scene of an accident, and another charge that I am not sure about (very possibly resisting). He originally had five charges, only one of which (stealing her car), could my daughter have, or not have, the ability to drop.

It is my understanding that the docket was so crowded someone just did not get him on it.

This dad will not be providing a reception or attending a wedding. I already have told you, you can have my invitation.