I was out of the state when my roommate borrowed my car and crashed it into another moving vehicle. My car insurance had lapsed, and she was uninsured, as well. No one was injured, but the other vehicle's insurance is seeking damages for the vehicle, which was totaled out. Does the burden of proof fall on me to prove it was taken without my knowledge, being thousands of miles away, or does she have to prove that i gave her permission?
Personal Injury Lawyer
You may want to consult with an attorney and look into a tort called conversion. Use the AVVO search tool to find a qualified attorney in your area. Good Luck.
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Yes. If the car wasn't worth much, you can sue in small claims court, otherwise retain a local attorney.
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Employment / Labor Attorney
Did you file a police report?
Your car was stolen;
file a police report; sue roommate
otherwise you could get into trouble
for letting uinsured driver "use" your
THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.