Legal Question in Personal Injury in Kansas

I live in Kansas and a drunk driver hit my parked vehicle and totaled it. He was driving his uncles insured vehicle at the time, however the uncle is saying he did not have permission to drive the car. The driver himself was not insured and now the insurance company is wavering because of the whole "permission" issue. The uncle did not file a stolen vehicle report. Doesn't that imply permission? Is the insurance company liable even if the driver took the car without verbal permission and the uncle did not report it missing or stolen?

Asked on 8/09/10, 11:23 am

1 Answer from Attorneys

Anthony Smith LawSmith
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Obviously, if you have full coverage, you want yrou insurer to pay for the repairs, and let them go after the others. But, if you don;t have UM civerage, then you may want ot make claim agaisnt the uncle and the nephew. You may have tro swue both of them and let them point the finger at each other. If the nephew wrecked the car before the uncle nkn ew the car was gone, then that might negate the "you didn't report it stolen, so he must have had permission" argument. If the nephew still hase court for his drunk driving charge, you should ask he prosecutor and the judge to make restitution to you part of any plea agreement he defendant makes.

Good luck

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Answered on 8/16/10, 10:10 am

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