What to doregarding an accident someone had with your uninsured car?

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What to doregarding an accident someone had with your uninsured car?

I recently received a claim notice from a car insurance company. The incident was not my fault. My fiance took my car unknowingly and hit another vehicle and left the scene. I am at a loss since I do not have car insurance as of yet (the vehicle has been practically undriveable since the time of purchase and I have been working on making the repairs which has set me back quite alot of money.) I understand that I am responsible since the car is in my name but I am not sure how to go about rectifying this situation. I do not want to go to court.

Asked on October 14, 2010 under Accident Law, Illinois

Answers:

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

Answered 13 years ago | Contributor

You absolutely need to seek legal help from an attorney in your area.  What you are basically stating is that is a "non-permissive use" case and that your fiance "stole" the vehicle.  Did you report it as stolen?  That will be an issue here.  Also, had he driven it before, where did you leave the keys, did he have his own set of keys - all of these questions need to be answered before the law will allow you to rely on that defense.  And if you do not go to court then a judgement will be issued against you for the damage.  You may even have to implead - bring in to the suit - your fiance.  Please see an attorney for help.  Good luck. 


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