The theft charge is going to be a stretch. You wilfully gave her your keys. Now she can argue that you told her she could drive and the others could drive as well. In this case it is your word against hers / theirs. I highly doubt a theft charge would stick, but at least find out. If the officer asks her and will ask her if she was allowed to drive or the other to drive, then the theft charge may stick. Do not pursue the theft charge if the bill is going to be paid by father. At some point you are going to have to have an uncomfortable talk with her old man. A more indepth talk than you already have. I would give father a chance to pay up, failing that a small claims action to collect on the damages. The small claims action would be a tough call, that is for sure.

As far as insurance goes, my bet is that they may try and stick it to you. No damage was caused to another vehicle, just yours. The insurers view may be that you wilfully gave the keys to another person. This person was not licensed to drive. You made a gamble that insurance may not cover due to the non-licensed and non-insured status of the driver. This is something that that if it goes to insurance, it is going to be interesting. I understand the desire not to have it head that direction, the alternatives do not look good though.

(1) dad pulls through.
(2) dad does not pull through, cash out of your pocket.
(3) forget dad, you pay, cash out of your pocket.
(4) forget dad, try insurance, cash out of your pocket.

At this point as well, do not discount the other people in the car trying to claim something either. They may see it as a cash grab opportunity on your behalf. Accidents of any type do some pretty weird things to people, lets hope that these friends are the type that would not do something like this. As far as the chick that was driving, I would really be concerned with what she is going to do next. Will she claim some type of whiplash injury and get a lawyer? Who knows. Just be prepared for any eventuality. At least if the police are involved, there is a open file that if and when she is interviewed for the report, one question asked will be was anyone hurt and did they or have they saught medical attention. Cover your a$$ dude.

 

Thanks for the thorough reply man. I am certain that she will not claim injuries, or anyone in the car for that matter. In reality, there are more witnesses than just those who were direclty involved; at least 10 others. If I go through with insurance, like you are saying, my rates will rise. Considering I did not cause the crash, that is the last thing I want!

Keep in mind that I do have the conversation between me and her father recorded on my cell phone. It clearly illustrates the father admitting to them being at fault, and willing to accept the repair costs.

 

Okay, I talked to an insurance agent, and am relieved to say the least! He assured me that I was not at fault considering she wasn’t granted permission to drive, and stated that I should try to resolve the issue with the father as anticipated. If it does not work out as planned, they will report it to the police on my behalf and cover the costs for repairs. In this case, she will regrettably get a criminal record, as she did not have my consent or a license. As for time restraints, he claimed that since it wasn’t an accident between two vehicles, I am not refrained to reporting it within the typical 48 hours timeframe!

Everything is working out for the best. Thanks guys, I love you all!

 

Rest assured it isn't too late.

 

as i said . if its not your fault claim it through insrance. thats what its there for.....

 

Yeah, but lets give the father a chance to pay like the agent said.
I just don't want to get insurance involved since it may affect my rate.