Legal Question in Criminal Law in Florida

auto theft

my daughters car was stolen in jacksonville. The person stole her car keys. The state atty said they would not list it as grand theft but unauthorized use because they have the keys. Her insurance will not pay because of this. I have heard of many cases where the keys were taken and when the people were caught they were charged with grand theft. What can my daughter do to get her car listed as stolen?


Asked on 9/18/08, 8:21 am

2 Answers from Attorneys
Joseph Brown The Brown Law Firm

Re: auto theft

The decision pertaining to the particular charge will rest solely with the State Attorney handling the case. Your insurance company may be in violation of the policy provisions, and you may have a claim against the insurer to recover for the stolen vehicle.

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Answered on 9/18/08, 8:28 am
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: auto theft

There is not much you can do about the State Attorney's Office as they have the discretion of what charges are filed if any. In most cases, the insurance company should pay.

You should have someone review your policy and determine whether you are entitled to recovery. File the claim, let them deny it if they are going to then appeal the denial.

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Answered on 9/18/08, 9:56 am


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