Can I file a stolen car report if the car was stolen by the person who held insurance?

Asked about 1 year ago - Little Falls, NY

Myself and the mother of my children had a car together. The title is in my name and the insurance is in her name. We split up and I had the car because I had paid for it. She resides in Delaware and I reside in New York. I was away for the weekend and my car was parked in my drive way and she came up and stole it. She did not have permission to take the car. Is there anything I can do about this?

Attorney answers (3)

  1. Marco Caviglia

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . In NYA, there is a presumption that ownership is in the person in whose name the vehicle is registered although such presumption is rebuttable. You have the certificate of title, so you are in a pretty good position to insist that you have ownership of the car, especially if the auto is registered in your name. So, if you want the car back and she won't return it, you could report the car as taken without your authroization or even stolen by her. The police would most likely take the complaint.

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  2. Jesus Antonio Cachaya

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Yes you can file the report. Just make sure you have the title and registration so you can prove it.

  3. Terri Beth Kalker

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . You can. You also need to make sure there is still insurance on the car. If not , and the plates have not been returned, your license will be suspended. You can report the plates stolen as well.

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