My son said my car was stolen

You should report your vehicle to the police as being stolen. Apparently your son knows the circumstances and he should be able to tell the police when he observed that it was missing. However, if the car was not stolen and your son makes a false statement to the police, he could be charged with a criminal violation. Since the car apparently caused damage to a 3rd party, you potentially could be brought into a claim against you, however, if the vehicle was in fact stolen, you probably will not have any liability for the damages. You, of course, need to report this entire situation to your automobile liability insurance carrier. Failure to inform your carrier may void coverage down the road.



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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

Lars is 100% right.

If the car was stolen, you should definitely report it to avoid any owner liability. There are liability exclusions in almost all auto insurance policies for stolen vehicles, which would benefit you in this situation. However, the insurer will require a stolen vehicle report. Please be aware that in Michigan, when a family member has possession of a vehicle, that family member is presumed to have permission of the owner. This presumption can be rebutted, but it will be extremely difficult to do without the report. If the car was not stolen, then you would be liable if your vehicle was at fault; and your son would be liable if he was driving it at the time.

Whether to report your stolen car as stolen shouldn't even be a question. Absolutely. Forget the other issues about a hit and run, liability, etc. It is the right thing to do and undoubtedly required by your insurance policy.

Before your son speaks with the police about it, you might suggest he first speak with a criminal defense attorney. Your facts throw up red flags for me.

Good luck to you,
Tom James

tjames@michiganautolaw.com
tjames@gurstenlaw.com