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Fiance's brother stole and wrecked her car
Yesterday my finace's brother borrowed her car without telling her he was taking it.
On his way to his destination he got into a car accident. The other vehicle was a truck and not damaged too bad, but the car had to be towed. There was something leaking out of it and I fear the radiator is damaged.
There is also significant body damage to the hood and the front end. He is a licensed but uninsured driver and doesn't have job right now. Besides, with any job he could get he'll a long time to be able to repay everything.
I'm not convinced he has any real intention of paying her back. I'm wondering if any sort of legal action would be a good idea to insure he pays.
Well, you have to be very careful with the insurance company (your own). If they find out that he took the vehicle without permission, they can decline to cover the claim. Most insurance policies exclude coverage to third parties for damages caused with your vehicle.
Filing a claim will get your car fix, but it is questionable that any of the damages caused to a third person will not, which can bring your fiancee (the owner of the vehicle) legal problems.
At this point, your best bet is to file a claim and see what the insurance company does. They could cover the claim and go after him. If they don't cover the claim, then you have to file a lawsuit either in small claims (depending the amount of damages) or in Superior Court.
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