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Car Theft After Trust

Discuss anything to do with property law - buying, selling property

Car Theft After Trust

Postby Sandon » Thu Dec 01, 2016 5:39 am

I let my girlfriend use my car one day to drop my son off at basketball practice and then to pick me up from work.  She did not return with my vehicle and I reported it stolen.  She was arrested and charged with Grand Theft Auto.  My insurance is repairing the damages.  What will happen if I decide not to press charges?

ANSWER: Hi Christine,

Right now, your car is being repaired under the 'Comprehensive' coverage portion of your policy, which usually carries a low deductible.  If you drop the charges, then repairs will fall under the 'collision' portion of the policy which carries a much larger deductible.

I hope this information has been of help.

Your feedback by rating my answer will be appreciated.

Sincerely,

Bennie

San Francisco Bay Area

---------- FOLLOW-UP ----------

Ok, I know you are not a lawyer but will I get in trouble with the State Attorney....like perjury or something???  I just don't want her to go to prison over basically what was a misunderstanding on her part and an overreaction on mine.

ANSWER: Hi Christine,

From my perspective, this whole situation is a messy can of worms.

I don't know your state of residence, but here in California the police would have never taken a theft report.

You gave your friend permission to use the car.  In my state, where permission is involved, there can be no theft.

The District Attorney in your county could make the decision to not prosecute your friend if your initial report mentioned that you had given her permission to drive the car, but she didn't return it at the agreed upon time.

The District Attorney's office and police department have spent time and tax payers money working this case.  If you didn't mention in the original police report that you had given your friend permission to drive the car but she failed to return it at the appointed time, the police could arrest you for filing a false police report.

I strongly recommend that you consult with an attorney so this matter can be resolved with the least amount of pain to everyone involved.

Sincerely,

Bennie

---------- FOLLOW-UP ----------

Well I live in Florida, and I did tell them that she had conditional permission.  She is my girlfriend, we are gay.  I told the whole story, truthfully, but the police still took the report.  The only thing now is the waiting game I guess to see if the State's Attorney's Office will pick up the charges.  I know that more than likely if they do not prosecute I will be liable for the amount that my insurance paid in....it is a mess especially since she is incarcerated on a $10,000 bond and I am in a fix.....sorry I guess this is not really a question, more like a clarification.
Sandon
 
Posts: 43
Joined: Mon Jan 13, 2014 10:39 am

Car Theft After Trust

Postby Kolskeggr » Thu Dec 01, 2016 6:54 pm

Hi Christine,

I strongly urge you to consult an attorney.  It sounds like you may be dealing with a very homophobic police department(most usually are).  Based on your last statements, any competent attorney should be able to arrange for you to drop the charges without the risk of being charged with filing a false police report, and have your friend released from jail.

After resolving this matter with the police department and state attorney general's office, then notify your insurance company of the mis-understanding.  If your friend resides with you and is not listed as a driver on your policy, your company could deny the entire claim.

If she does not reside with you, they would have to repair the car under your collision coverage.

In my opinion, it's important to get these felony charges off your friends record, and only an attorney can help you do that.

Sincerely,

Bennie

San Francisco Bay Area  
Kolskeggr
 
Posts: 53
Joined: Tue Dec 31, 2013 1:59 pm

Car Theft After Trust

Postby Dow » Mon Dec 05, 2016 4:14 pm

I let my girlfriend use my car one day to drop my son off at basketball practice and then to pick me up from work.  She did not return with my vehicle and I reported it stolen.  She was arrested and charged with Grand Theft Auto.  My insurance is repairing the damages.  What will happen if I decide not to press charges?

ANSWER: Hi Christine,

Right now, your car is being repaired under the 'Comprehensive' coverage portion of your policy, which usually carries a low deductible.  If you drop the charges, then repairs will fall under the 'collision' portion of the policy which carries a much larger deductible.

I hope this information has been of help.

Your feedback by rating my answer will be appreciated.

Sincerely,

Bennie

San Francisco Bay Area

---------- FOLLOW-UP ----------

Ok, I know you are not a lawyer but will I get in trouble with the State Attorney....like perjury or something???  I just don't want her to go to prison over basically what was a misunderstanding on her part and an overreaction on mine.

ANSWER: Hi Christine,

From my perspective, this whole situation is a messy can of worms.

I don't know your state of residence, but here in California the police would have never taken a theft report.

You gave your friend permission to use the car.  In my state, where permission is involved, there can be no theft.

The District Attorney in your county could make the decision to not prosecute your friend if your initial report mentioned that you had given her permission to drive the car, but she didn't return it at the agreed upon time.

The District Attorney's office and police department have spent time and tax payers money working this case.  If you didn't mention in the original police report that you had given your friend permission to drive the car but she failed to return it at the appointed time, the police could arrest you for filing a false police report.

I strongly recommend that you consult with an attorney so this matter can be resolved with the least amount of pain to everyone involved.

Sincerely,

Bennie

---------- FOLLOW-UP ----------

Well I live in Florida, and I did tell them that she had conditional permission.  She is my girlfriend, we are gay.  I told the whole story, truthfully, but the police still took the report.  The only thing now is the waiting game I guess to see if the State's Attorney's Office will pick up the charges.  I know that more than likely if they do not prosecute I will be liable for the amount that my insurance paid in....it is a mess especially since she is incarcerated on a $10,000 bond and I am in a fix.....sorry I guess this is not really a question, more like a clarification.
Dow
 
Posts: 57
Joined: Wed Jan 22, 2014 10:01 pm


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