by figura63 » Fri Apr 29, 2011 02:46 pm
my vehicle was hit......pa law applies...my car is pd off and I carry liabilty, no comp.
The person reported car stolen, polifce believe it was boyfriend, but cannot prove,the boyfriend denies it, theperson stated she left her keys in the car....is the insur co. Nationwide, responsible? If not would I have to sue in civel court and would I have a chance....est damage was $1900.00
The person reported car stolen, polifce believe it was boyfriend, but cannot prove,the boyfriend denies it, theperson stated she left her keys in the car....is the insur co. Nationwide, responsible? If not would I have to sue in civel court and would I have a chance....est damage was $1900.00
Posted: Fri Apr 29, 2011 03:51 pm Post Subject:
Your really asking if Nationwide will cover the loss... not if they are responsible. The boyfriend is certainly responsible regardless.
Really need more info from the owner of the vehicle and the boyfriend but the correct questions are... has the boyfriend used the vehicle in the past? Did the boyfriend have access (easy) to the keys? If yes on both of these, then they probably should consider him a "permissive" using and extend coverage. But they will probably give some weight to the theft report... as long as it was filed _before_ the accident happened.
If a person has access to the keys and has used the vehicle before then it's more difficult for the carrier not to consider him as a permissive user. He more or less had "implied" permission to use the vehicle. Courts don't like to let a person get out of liability by simply reporting their car "stolen" every time it's in an accident. This is what Nationwide should be looking at.
Can they deny the claim? Yup... and they might. Would you have a good case? Yup... but you may very well need to push the issue in court.
Here is the kicker.... you can file suit against the car owner and the driver. If they don't want to be sued then perhaps they want to change their view on the "stolen" vehicle in order to get their carrier to settle the claim. Perhaps you might want to explain this view to them.
You do have a case against the boyfriend... hands down. Chances are good that these two are back together and all lovey dovey. Does the girlfriend really want to see her boyfriend get sued?
Posted: Fri Apr 29, 2011 04:50 pm Post Subject: insur responsibilty
the boyfriend is a suspect, he denies it, the girlfriend states she left the keys in the vehicle....the vehicle was stolen by some unknown party...the vehicle was recovered by my house after it hit my vehicle, then becoming disabled after hitting another vehicle....no one was caught ..it happened 2 in the morning....but the kicker is she stated she left the keys in it and then after vehicle was wrecked and parked, that person took the keys with them
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