Auto Insurance Claims: Auto Theft by son, Automobile Theft, Theft by son

Question
My son beat me up, and fled the scene with my car and my purse. When I went to file charges, the Commissioner wrote the charge up as "unauthorized use of property." When I went to the police station to report it stolen it was written up as "unauthorized use of vehicle." And when I filed my auto insurance claim for theft with USAA I was told that it was not coming up as stolen in the National database and therefore they could not code it as theft. I was told that it was a civil matter and not something I could claim on my auto insurance policy even though I have comprehensive. Thus, I am out of a vehicle (he will not be bringing it back..he will run out of money and run out of gas and ditch the car), and unable to obtain rental even though I have rental coverage on my insurance policy. Can the insurance company deny my claim? My son did not live with me, but was visiting.

Answer
Sandra,

  I am sorry to hear that.  I will tell you that you need an attorney.  Where did this occur?  I see you used the word Commissioner, and that doesn't make sense to me.  Anyway, in general, unauthorized use of property is the same as theft, and your insurance company should treat it that way.  If you sue, you will win, but since it was your son, it is complicated.  I have handled cases just like yours, and it takes some common sense, the rules don't necessarily apply in every case.  

  I urge you to seek legal counsel.  With counsel you will get paid.  Your only other choice is to stand up and throw a fit.  Fight tooth and nail.  Let USAA know you will be suing them for bad faith and demand in writing that they send you a written denial of coverage.  That will at least make them think about it a little bit.  

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