Legal Question in Insurance Law in California

Owner's Car Liabliity Risk

My former boyfriend refuses to return my Corvette.

If I report it as stolen, my car insurance company will not pay for damages because someone is driving owner's car without permission.

If I don't report it as stolen, that means he has my permission to drive the car and my insurance company will pay for damages.

However, it is not fair that I pay for $1,000 a year car insurance when I'm not driving said car.

In April 2004, I allowed (verbally not written) him to drive it during the relationship because he cannot afford to buy a car. But now that the relationship is over, he does not want to return the Corvette. I have paid for it in full but for all intents and purposes, I am forced to pay for car insurance in case he crashes the car and I�m the legal owner. I�m a nervous wreck because of vehicular liability he might cause to me as registered and legal owner.


Asked on 12/01/06, 5:55 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Owner's Car Liabliity Risk

You're wrong when you say "If I don't report it as stolen, that means he has my permission to drive the car". Whether he has permission to drive it has nothing to do with whether you have reported it to the insurance company. Failure to report what happened might be a breach of your duties under the policy and it might make you ineligible for benefits, but it doesn't mean your ex has permission to use the car. If it did, then he wouldn't be a thief.

Have you tried reporting this to the police? They would probably be very interested in speaking with the guy.

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Answered on 12/02/06, 6:44 pm


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