How can we get our car back without reporting it stolen? Can we be held liable if she gets into an accident and hurts someone?

Asked almost 2 years ago - Sioux Falls, SD

My 29 yr old stepdaughter took our car when we kicked her out last mo and refuses to bring it back. She has no driver's liscence because she owes over $5000 in child support and she may have taken it out of state.

Attorney answers (3)

  1. Gary A Kester

    Contributor Level 17

    4

    Lawyers agree

    Answered . Short of her brining it back on her own there is no method except the police. If she gets into an accident it is common for the car owner to be included in the lawsuit. Here is the more interesting question you face, is she an excluded driver on your car insurance policy? Not only may you be liable but depending on what happens the insurance company may or may not be required to insure the loss.

    I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question... more
  2. Harry Edward Hudson Jr

    Contributor Level 20

    4

    Lawyers agree

    Answered . Based on your post, you kicked her out, she is not going to bring the car back. You are potentially at risk if there is an accident and she is at fault.
    The only smart thing i to report the car as stolen and provide as much information as possible re its whereabouts and the circumstances relating to how it got there. If you just say stolen, some DA might decide you were trying to commit a fraud.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  3. Daniel Nelson Deasy

    Contributor Level 20

    3

    Lawyers agree

    Answered . My goodness -- I know you do not want charges to be pressed, but without law enforcement involved, there is no other remedy.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more

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