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


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.

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