What to do if someone drove my uninsured car without my permission and had a car accident?

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What to do if someone drove my uninsured car without my permission and had a car accident?

About a year ago my car broken down on the side of a highway in FL. It would’ve cost more money to fix then what the car was worth, so I left it there and took a bus to TX where I met my grandparents and we went to live in NM. Without my knowledge, my mother’s boyfriend picked up the car. I was angry at first, but let it go and told no one to drive the car. He drove it and wrecked it. The accident was not his fault but because there was no insurance on the car, it was automatically my fault. How do I get out of being sued for this?

Asked on August 21, 2011 California

Answers:

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

Answered 10 years ago | Contributor

You need to seek legal help as soon as you possibly can.  Please do not let your Mother's boyfriend off the hook like this.  He is a part of the problem and needs to be part of the solution.  Now, I think that you know that you should not have left the car on the side of the road.  It is illegal to abandon cars like that.  The next problem is that when he took it you did nothing - like report that he stole it - so even though you say that you told him not to drive it it looks like you let him.  The questions you will be asked are how did he know where the car was?  Where did he get the keys?  All questions that lead to the hopeful conclusion that you knew and gave him permission.  You need a lawyer.  You need to sue your Mother's boyfriend in a 3rd party action within the case that you are being sued.  Good luck.


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