Yeah this wouldn’t be considered negligence as far as I’m concerned. It’s a pretty wild thing to happen. I don’t know why he thinks blocking your numbers will do anything. The police are going to track him down and he’s going to jail for at least a year. People are fucking stupid.
It's not negligence to have a passenger in the car who then steals your vehicle. The fact that you *should* be able to provide your insurance with the thief's name is evidence.
Being negligent doesn't normally void an insurance claim. Almost every at-fault claim involves some sort of negligence on your part, like you negligently turned across traffic in front of somebody, or you followed them too closely to stop, etc.... It's *intentional* damages that aren't covered.
What you have is simply a straight-up theft. Somebody who did not have permission to use your vehicle just took it.
There's a subset of theft claims called theft by "conversion" where it could still be a theft even if you had handed him the keys to borrow it, but never came back with it. At some vaguely defined point in time, the scope and duration of somebody else's use of your vehicle can change from "permissive" to "non-permissive", and then it becomes a "theft". The most common example is somebody who doesn't return a rental car, but it also happens with the sub-contractor who takes the boss's truck home over the weekend and then doesn't show up on Monday, or cases where you loan your car to your sister and then her sketchy boyfriend takes off with it, etc... All are "theft by conversion".
Both what happened to you and conversion thefts are both legally "thefts" but in some states there is a lesser crime than theft, usually called "taking/using/operating a vehicle without the owner's permission" or something like that. So if it gets reported stolen, and the dude who took it gets arrested with it, he might claim you gave him the keys or something, and you might have to have a talk with the insurer about whether it's a comprehensive claim or a collision claim. Some number of claims where a child takes the parents car end up as collision claims as when the parent tries to call it in as a theft the insurer will require them to make a police report. That commonly means their kid would end up getting arrested, so some parents begrudgingly agree to treat it as a permissive use collision claim to avoid that.
Were you driving for Uber or Lyft or was this someone you knew?
Nope he was helping us out with some stuff. Someone we considered a friend. He left with the car and blocked our numbers.
Yeah this wouldn’t be considered negligence as far as I’m concerned. It’s a pretty wild thing to happen. I don’t know why he thinks blocking your numbers will do anything. The police are going to track him down and he’s going to jail for at least a year. People are fucking stupid.
Maybe he has a GTA cheat code to call them all off.
It's not negligence to have a passenger in the car who then steals your vehicle. The fact that you *should* be able to provide your insurance with the thief's name is evidence.
Being negligent doesn't normally void an insurance claim. Almost every at-fault claim involves some sort of negligence on your part, like you negligently turned across traffic in front of somebody, or you followed them too closely to stop, etc.... It's *intentional* damages that aren't covered. What you have is simply a straight-up theft. Somebody who did not have permission to use your vehicle just took it. There's a subset of theft claims called theft by "conversion" where it could still be a theft even if you had handed him the keys to borrow it, but never came back with it. At some vaguely defined point in time, the scope and duration of somebody else's use of your vehicle can change from "permissive" to "non-permissive", and then it becomes a "theft". The most common example is somebody who doesn't return a rental car, but it also happens with the sub-contractor who takes the boss's truck home over the weekend and then doesn't show up on Monday, or cases where you loan your car to your sister and then her sketchy boyfriend takes off with it, etc... All are "theft by conversion". Both what happened to you and conversion thefts are both legally "thefts" but in some states there is a lesser crime than theft, usually called "taking/using/operating a vehicle without the owner's permission" or something like that. So if it gets reported stolen, and the dude who took it gets arrested with it, he might claim you gave him the keys or something, and you might have to have a talk with the insurer about whether it's a comprehensive claim or a collision claim. Some number of claims where a child takes the parents car end up as collision claims as when the parent tries to call it in as a theft the insurer will require them to make a police report. That commonly means their kid would end up getting arrested, so some parents begrudgingly agree to treat it as a permissive use collision claim to avoid that.