I have a sticky situation on my hands and need some insurance and need some advice...?

Question

Kinda a long story so bare with me...

About a month ago I had a couple of friends over (we were all about 19) and we were drinking. I went to bed and my so-called-friend was completely belligerent and took my car out of my garage and totaled it. He already had a dui in the past, and got arrested for another dui. The cops came to my house and woke me up and told me what had happened, they asked if I wanted to report it stolen and I said YES. But for some reason they never filed the stolen vehicle report. I went to the station, and they said it was too late. So the guy never had insurance that totaled my car, so I had to claim it. My insurance could not prove it was stolen (becuase there was no stolen vehicle report) and now its going to hit my insurance. I can't afford this becuase this will be my 3rd insurance claim. I am forced to get liability only and have to buy a S****y car becuase I only ended up getting 2,000 from my old car.

I completely got screwed in this situation, when it was not my fault. I am not sure what to do at this point.

My questions are,

1. who can I complain to at the police department for them not filing a stolen vehicle report?

2. could I go after the family of the guy who totaled my car? (they dont have money really, and he is 19)

I am totally stuck. HELP ME :(

Answer 1

If your insurance rates go up it may depend on what state your in.

In California if its not your fault your rate will not go up.   In this case, it was not your fault.  Those points go on your ex-friends's driving record and not yours.

So, check with your insurance agent or company or just move to California.  

Answer 2

1.   Complain to your congressperson.  See, when the police have to say, hey, your friend took your car, do you want to call it "stolen", that doesn't make it a stolen car.  All he has to say is that you've loaned him the car in the past, he figured you wouldn't mind, and voila!  it's not stolen.  It REALLY wasn't a stolen car.  

2.  You can't go after his family, you have to go after HIM.  You can sue him for the damages to your car.  But not your increased rates.   But you'll have to be careful - if you were serving alchohol to a minor - he's 19, at it was your house - well,  life's paying you back for being naughty.

Even if it was comprehensive, it would still go against your insurance.  Neither claims are surcharging you.  This really isn't costing you extra, except you put it a LOT of claims.  

Answer 3

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Answer 4

Call Judge Judy;

Go on the show and make some dough.

The family is NOT responsible because he's Over 18, so take him to Small Claims...

As far as the Police report filing....if you don't have the Officer's name or badge #....."Faaaaageeetabbbouuuuttt it"......

Answer 5

Here's why you had a hard time filing a stolen vehicle report:

Just about every time a drunk person hits something with a car -- they go home - and report the car stolen. (I hear this story a lot and I know the cops hear it even more!).

If the guy who took your car is telling the cops he had your permission to drive it --- and now that he's drunk and wrecked the car-- you're saying "no he did not"-- the cops are not going to take a stolen vehicle report.

From what the cops see - you have a financial motive to lie and report the car stolen. You let your friend use it -- he was drunk-- he wrecked it -- you would also be responsible for any damage/injury he caused to someone else. So, had he hurt someone else -- they would sue him and YOU.

Now--if the guy who wrecked it - admits to taking it w/o asking you -- different story. But I doubt he did that. He's not going to admit to being dui and in a stolen vehicle. He's told them that you let him drive the car.

If you report the car stolen BEFORE the wreck happens -- you don't usually have a problem. But once the car has been wrapped around a tree or  wrecked....whole different ballgame.

The family is not responsible for the actions of the guy who totaled your car. At 19 - he is an adult. His parents are no longer responsible for him. You have no cause of action against the family. The only person you could sue would be the 19 year old him self.

Answer 6

Geez, that's crazy.

1. You could file a complaint, but you would need the officers names and badge numbers that came to your house. How far the complaint would go and what they could actually do about it at this point I'm not sure. I don't think the chances are very good that you would get anywhere.

2. You could file a civil suit against the theif (since he's over 18) and try to recoup damages, but you'd have to be able to PROVE without a doubt that it was him that stole your car. Ironicly, you'd need a police report to do so... BUT what you could do is try to get a report of the incident of the police actually stopping him and arresting him for DUI. I'm not sure if you would be able to get it or not since I'm not positive that would be a matter of public record. You have a good chance though since it was your car that was involved. Then you could sue on those terms.

It's a real shame... you got it screwed in soooo many ways.