My husband's brother stole our uninsured car and had an accident, are we liable?.
Question Details:
My husband and I were in Mexico getting married 04/08. Our car was parked at in-laws house because my insurance had lapsed and we were going to add my husband to my insurance when we returned. My husbands younger brother (18 with no drivers license) stole the car, hit a parked car and totaled it. Now we have the car company coming after us for $18,000 and the other person's insurance company for $9000. Is there anything we can do since this was not our fault and his brother stole it?
Have you reported the car to the police as having been stolen? If a crime was committed and a car was actually stolen, you should not be responsible for what then happens. The problem is, if it's reported as a theft, then you have implicitly ratified its use--and it becomes your responsibility, for "letting" the car be taken.
Your other option, even if you don't report it as a theft, would be to sue the brother to recoup your costs. You may be responsible since it was your car, but he is also responsible since it was his wrongful act that caused the loss. So suing him for reimbursement is a valid option.
