+1 with ej797
When a had my roll over from a faulty Firestone tire, my insurance company said not to worry that they would take care of everything. Since this was my only accident with no experience with such things I listened to them. They immediately raised our rates and the ticket that I got from the cop the insurance company said that there was nothing they could do. I decided to go to court to fight it. I was ticked that I had gotten the ticket (yes I do believe that if you get a ticket and you are breaking the law, speeding, etc that you should man up and pay it) since I did not think that it was my fault. The tire blew and there was nothing I could do. Anyway, we hired an attorney and decided to sue Firestone since it was proven that the tire was a defective tire and that it was not our fault. They checked the wear and tread and they were still like new. Long story short our attorney got the ticket thrown out. The attorney went to court for me and the judge said that it never should have been issued in the first place. He also threatened to report our insurance to the state insurance board if they did not lower our rates back to where they were. They lowered them immediately even though Mike had tried arguing with them for several months.
Long story short - get an attourney and a good one. Best of luck.
Also, did she give him permission just to take the car home or to go joy riding? Was he on the way home? This might be another point to argue. I also agree that it is a tragic situation and my heart goes out to all involved.