Can I sue the owner of a vehicle that was stolen by a minor?

The owners insurance company does not want to pay, due to the non permissive user deal, but at the time of the accident the police stated that the girl was the daughter of the owner of the truck nothing was said about the truck being stolen? I received a phone call from his claim rep the next day he stated to me that the owner is saying his truck was stolen (06 Nissan Titan) and he did not know who was driving his truck also he is in "the process" of reporting his truck stolen???? it sounds way to fishy to me.. should I get an attorney involved? I think me and my 4 year old daughter have injuries as well..
Additional Details
Thanks guys, btw I'm not saying I THINK I'm injured becuase I'm trying to cheat people I said that becuase I do not know for sure I'm scared for my little one as she just got her cast on for her broken arm I got into that accident on Xmas :( but my neck has been hurting like a *****!!! The other insurance co called me today with their appraiser they will be looking at my vehicle tommorow so hoepfully I can get my car fixed.

eagle1wi

What state are you in? Do you have insurance?

In reality his claim rep thinking he/she is savvy is opening up a can of worms I doubt they have thought through. Now they pretty much have to charge her with theft and leave her uninsured and open to a civil suit from you. Since the insurance company is denying coverage they won't provide her with an attorney as they otherwise would have. From my understanding of the law, most states make the parents of minor children responsible for the acts of their children so you can name them as defendants in the suit as well, insured or not. DUMB, DUMB, DUMB on their part even trying this "responsibility avoidance" because if they go with it they will have to get their own attorney as well. I find it hard to believe that someone would even toy with hanging their own daughter out to dry like this. They are risking a car theft charge and bankruptcy just to avoid paying the deductible. Then they will have to fight your suit while paying for their own legal representation. Get an attorney and tell them to go and get one of their own. The claim rep's "ideas" are a recipe for financial disaster for them and their daughter.

la428282

First off- lets get one thing straight. It fills me with rage that every single person on here immediately thinks that the insurance company is trying to "get out of paying blah blah blah" Thats ridiculous. When you sign a contract you need to READ it- dont blame your ignorance on other people.

Second- if an unknown third party stole your vehicle- would you want your insurance to put you as an at-fault loss and pay out under your policy? I didnt think so.

Now- an insurance policy will NOT pay out if a driver does not have permissive use of the vehicle. Sure- the daughter thing does sound a little bit fishy- but if this lady is willing to put criminal charges on her daughter and possibly end up with her daughter in jail it sounds like they were exactly close and she didnt have permission to drive the car. Perhaps you got yoru facts wrong and it isnt truly her daughter? or her daughters no longer a minor and they are no longer speakign and she stole the vehicle? This falls under a reason to deny the claim.

Now- this beign the case- if she is a minor and her daughter- the mother does owe you for your damages. But since she broke the rules on her contract (or more accurately- her daugher did) and was stupid enough to tell her insurance her daughter stole it this voids her policy and makes her stuck in a bad situation.

Now how exactly is this insurances fault?

daltonjames3

if you and your dau was in an auto when the accident occurred, contact YOUR insurance co, Tell the insurance company what happened. you have insurance to protect you. the insurance company will tell you what to do.

CowboyBill

You THINK you have injuries? That sounds pretty fishy to ME....
This sort of thing happens all the time. You have no idea what kind of situation is in that household. The owner of the car really has nothing to gain by reporting the car stolen and having his daughter appear before a judge. You probably would find this has happened before and she was excluded from the policy. If she is a minor then you can sue HER. Her parents will be held responsible for the debt. If you somehow think by faking injuries you can cash-in and/or teach them some sort of moral life lesson then forget it. Sounds like they have enough on their plate as it is. You would do yourself a favor by having your own insurance company handle this mess and let them recover your deductible for you.

R. M

Do you not have 'uninsured motorist" coverage?

If the girl is 18 or older, you can sue her - but doubtful you will get anything, unless she has a good job, house, etc.

The owner and daughter can say all day that she did not have permission to drive the truck, therefore she 'stole' it, and sorry, there is not much you can do about that.

Fred C

If the driver was his daughter, and she was living at home, it cannot be reported stolen in most states and provinces. Let the police do their thing before you decide on the need for an attorney. Your insurance company should be looking after you, especially if their is any hint of fraud on the part of the other parties involved. As far as injuries go, you are either injured or you aren't. What does your regular doctor say?

canela

In the report taken at the accident scene did it say who the driver was? Call the police and tell them you believe the owner of the truck filed a false report. He'll get 5 years for filing a false instrument. Forget the phony injuries. Insurance companies today will hound you to the gates of hell to prove you're OK.

Angelicious05

if its their kid they are responsible. Yes you can..That is lame of them to say they were reporting the truck stolen...And if they did, the lawyer and your insurance company can see when they reported it stolen(time and day) Because it sounds to me like theyre lying

tora911

Don't let him pull a fast one on you.
Get a lawyer, he's being stupid about it. You might as well get the some help.
>

shadow_gx

Insurance company MUST pay. you could sue them. if they don't pay the charges. i study business so i could tell you the right thing to do.

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