Legal Question in Criminal Law in Colorado

Re: Insurance Company

Insurance companies can't file charges at all, and didn't do so in your daughter's case. Only prosecutors can file charges. For obvious reasons, they don't need anyone's permission before doing so.

Do you mean that the company sued her civilly? If so, she wasn't found guilty. At most, she was found civilly liable. There's a big difference.

Has the military refused to accept her? If the judgment against her is civil, the bar on enlisting people with (non-trivial) criminal records should not apply to her.

If she really was put on trial for stealing a car that theoretically belonged to you but which you actually had given to her, all you had to do was testify that she owned it or that she had your permission to drive it. My guess is that you did this and the judge or jury didn't believe you.

If that's what happened, it's no surprise that the insurance company didn't believe you, either. It probably thought that, in order to protect your daughter, you were trying to defraud it by making it absorb a loss your daughter should have had to pay. Under these circumstances, it would make no sense to require the company to get your permission before suing her civilly or complaining to law enforcement.

Re: Insurance Company

Your insurance company can't file criminal charges against your daughter. What was she charged with and what was she sentenced to? Is she in prison or just jail?

Re: Insurance Company

Thank you for your posting. The answer is no, an insurance company doesn't have "standing" to file criminal charges. Only a District Attorney, City Attorney, or other prosecutor, like the Attorney General's office, may bring charges for a crime.

I believe, however, that you may be slightly confused about what happened here - it likely wasn't the insruance company that filed charges, but instead they filed a police report, or were a complaining witness in a case, where the prosecutor's office eventually decided to file charges on.

I hope this helps, but if you have any other questions, or want any other information, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can.

Re: Insurance Company

As stated...it "seems" impossible for a felony conviction to occur just because your daughter's car was in your name? Ins. Co. can report theft/Ins. Fraud or the like and the local prosecutor can press charges...missing something here.

DJM