What is my recourse?
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What is my recourse?
Husband loaned car to friend to run an errand. Car never returned after 30 plus days.Police
wont consider the car stolen. Insurance wont act without police report
Asked on May 25, 2018 under Criminal Law, Maryland
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Sue your "friend" for the current value of the car and/or for a court order that he return it. If--as you presumably will--you win in court you will get a court order that he return the car or pay you its value, and also a court determination that he stole it. If he still doesn't pay, you should be able to use the court judgment as evidence of theft to get the insurer to pay (assuming you have theft insurance). You could also look to garnish his wages to recover money from him. When you sue him, also sue for any additional costs this has caused you (such as if you have had to rent a car or take mass transit or Uber), and or for the value of his use of the car (I.e. for an amount equivalent) to what he would have had to pay to rwnt a similar vehicle).
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