If my boyfriend took my car without permission while drinking and was in a fatal car accident, am I liable even though I didn’t give permission and will my insurance cover it?

He was killed on impact when he hit a tractor trailer.

Asked on April 20, 2015 under Accident Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You would have to report the car as stolen; and that report would have to be credible under the circumstances. In other words, it has to look like he *really* stole the car--because that's what taking a car without permission is: theft--which may be difficult to prove if you let him borrow it on other occasions or the two of you live together. If the insurer believes that he did have permission, then they will most likely not cover, because it was a DUI/DWI.

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