What to do if my boyfriend took my car without permission and got into an accident and now my insurer has reported me for fraud because he was not listed under my policy?

He obtained a driver’s license with my address but he did not stay with me consistently and didn’t store his belongings at my house.

Asked on August 12, 2014 under Criminal Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The answer and outcome will depend on the facts. If your boyfriend did not live with you and did not regularly use your car, then you most likely did not commit fraud. But if he commonly, even if not always or consistently, lived with you and/or commonly borrowed/used your car, he should have been listed on the policy (which, of course, would likely have increased your premiums) and a failure to do so would be fraud.

If he stayed with you some of the time (which is what you presumbly mean when you say he did not say with you "consistently") and used your address to get his license, it is most likely the case that a court would conclude that he should have been listed under your policy; from what you write, you may be guilty of insurance fraud.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.