[Russo]

Originally Posted by heymatt

This is one reason why I have such a problem with this.

The State Police said he can't be charged with theft, because he was an employee and had keys to access the service area.
Granted, he had absolutely no reason to be there. Unless he makes the claim that he needed to see the paint repair in the daylight, while driving.

Morally, it is theft.

Because the police are establishing him as an employee, it would fall back to the dealership's insurance to cover the loss.

If your tv gets stolen, the insurance co doesn't say go get a used tv on Craigslist and we'll call it even. Because now you've been made whole.
You get a new tv.

The dealer will end up sending it thru his insurance, because the police have established him as an employee.
The OP will end up with hopefully, in my opinion, a new, not used car. With the dealer paying the difference, so the OP doesn't have to come out of pocket at all.

The guy that wrecked the car, should be charged and prosecuted. The way it looks now, probably not gonna happen.

The insurance company is not going to buy him a new car.. They will write him a check for the fair market value of his car in the condition it was in the day it was wrecked.. This situation is no different than if someone wrecked into the OP on the highway.. Having been under similar circumstances, I can assure you, that is what they would and will do