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Zachary
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Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Truck with trailer attached(mowers and lawncare equipment on

Resolved Question:

Truck with trailer attached(mowers and lawncare equipment on trailer and on truck bed) taken from home without permission. Driver had no license and was charged with DUI after wrecking truck and trailer. Had insurance for truck and trailer but it did not cover the equipment. Home owners insurance will cover the equipment is stolen and wrecked. Do i filed charges for unathorized use of the vehicle or do i file it as a stolen vehicle?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

When you say you have the option to file for unauthorized use or as stolen, can you explain further? Is this a choice the police are presenting to you?
Customer: replied 1 year ago.

Yes, those are choices we have been given by the police and insurance companies involved. My concern is that if we file as unauthorized use, my homeowners insurance might not considered it as theft and there not be covered under my homeowners insurance.. When I asked them this question, their response was I'll have to decide for myself.

Expert:  Zachary replied 1 year ago.
I would argue that unauthorized use and theft are the same thing. One may carry a stiffer criminal penalty than the other, but they should both be covered by the insurance policy.

What I would recommend doing is to contact your insurance carrier and ask them specifically whether the policy would cover damage caused by unauthorized use. If they say only theft, then you need to report it as a theft.
Zachary, Attorney
Category: Legal
Satisfied Customers: 4005
Experience: Lead trial/International commercial attorney licensed 11 yrs
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