What to do if my son took my car without my permission and wrecked it causing $11,000 in damages?

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What to do if my son took my car without my permission and wrecked it causing $11,000 in damages?

My insurance company told me to call the police to make a report. He has no license. Will he be charged with a felony? We want him to take responsibility for the damages without us getting penalized. It’s been 2 months and they won’t release our vehicle. We have rental coverage on insurance but our insurer is not dealing with us n a good way at al;l we can’t get answers and don’t know what to do.

Asked on November 26, 2014 under Accident Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are really stuck between a rock and a hard place here.  If he used the car with out your permission then your insurer wants to make sure of that and that is why they want you to report it stolen.  It may not be necessary under the law though. If you gave him permission but he was not licensed then it violates your policy terms and they want to disclaim coverage.  You need to take your policy to an attorney to review to see if there is any way that you can force their hand with out causing your son a criminal history.  Good luck.


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