What to do if my vehicle was loaned to a family member and they refuse to return it?

UPDATED: Oct 22, 2012

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UPDATED: Oct 22, 2012Fact Checked

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What to do if my vehicle was loaned to a family member and they refuse to return it?

Police said it wasn’t theft unless a judge ordered for it to be returned and it wasn’t. I got a court order (and had new insurance at the time the order was signed) and the insurer is saying the old insurer is responsible for paying out not themand that they didnt care what the police department/court/old insurer says about what “theft” means. They go by what the date of “refusal to return” was, not when the judge/police dept says it was technically considered to be stolen. Who has to pay? New insurer or old one?

Asked on October 22, 2012 under Insurance Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 10 years ago | Contributor

It depends on what the insurance policies say about coverage for theft.  I would put in claims with both, and if they don't pay, sue them for bad faith.  The clearer claim is probably against the insurance company that was in effect at the time of the first refusal to return.  The other question is: Why did you change insurance companies in the midst of a claim for theft?

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