Expert: Doctor Settlement - 12/12/2008

Question
I was told that if husband and wife had both there names on car insurance then one could not claim car theft. Then on the other hand i was told that it didn't matter whos name was on the insurance one can still claim theft. can you please help thank you.

Answer
Hi Melissa,

Either of you can report a car theft.  There is no problem whatsoever with either of you making the claim.  I wonder why someone told you differently.  Maybe it could be one of the following two circumstances?

#1. Of course, if the alleged "theft" is really one of you taking the car from the other, as in a divorce, then there is no theft.  

#2. Similarly, if one of you "loaned" out the car to a third person (so that it is not really a theft) and hence that spouse is not willing to report a theft, then the other spouse really has no business reporting this inasmuch as it is not a theft from your marital community.

Hi Melissa,

Either of you can report a car theft.  There is no problem whatsoever with either of you making the claim.  I wonder why someone told you differently.  Maybe it could be one of the following two circumstances?

#1. Of course, if the alleged "theft" is really one of you taking the car from the other, as in a divorce, then there is no theft.  

#2. Similarly, if one of you "loaned" out the car to a third person (so that it is not really a theft) and hence that spouse is not willing to report a theft, then the other spouse really has no business reporting this inasmuch as it is not a theft from your marital community.

Aside from something "weird" (as in these two examples), there is no requirement that both spouses have to report the claim.  That is not to say that both do not have to cooperate and give information to the adjuster.  If she has suspicions, she is going to interview both spouses, and so in the end, both of you may have to give information in support of making the theft claim.  

If the adjuster has deep suspicions, she will make you give a statement to an investigator, and he can make both of you give that statement under penalty of perjury, i.e. under oath.  That is a DUTY of the insured who makes a first party claim of theft.  

I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com


I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com