What to do if my husband and I bought a used car last night but the insurance comapany was closed and later in the night it was totaled?

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What to do if my husband and I bought a used car last night but the insurance comapany was closed and later in the night it was totaled?

After we went to bed. My stepson took off with it got drunk and totaled it. We have to go sign the final papers tomorow.

Asked on May 13, 2012 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You would not have any recourse to insurance, if the coverage was not in place prior to the accident; an insurance policy is a contract, and is only enforceable and binding as per its plain terms, including its coverage start date. So if the car was totalled before you had coverage, there would be no insurance (and also, depending on what type of insurance you had bought, you might not have coverage for this claim anyway).

If your stepson is an adult (over age 18) and took the car without your permission, you could potentially sue him for the value of the car, though you might have to file a police report and even possibly press charges (for theft) to do so. If his less than 18, however, you  would not have this recourse.


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