What rights do you have if you have a car and insurance in your name but someone else has the car?

If you let someone drive the car and they did not return it, then it really is a civil matter. Maybe opening up an insurance claim would speed up the process and get them to return it.

If they have the car without your permission and you are the sole owner then you have the right to take the car. In fact, you should take possession of the car immediately since you are on the hook for liability and damages if anything happens while they have it. Take your car keys to wherever the car is now and take it. Call for a police escort. Since whoever has the car must have keys you should inquire at the local police station what to do if they use their keys to take the car without your permission. If that happens you will need to file a stolen car report and press charges.

On the other hand, before you loan your car to another person you should call your insurance company to discuss your liability and coverage. If they cause an accident the owner of the other vehicle may sue you. If they wreck your car and you don't have collision coverage then you will be out of luck. You should make certain they have a valid driver's license and a good driving record. If not, and they get pulled over, your car may be impounded. There are so many things that could go wrong and make you vulnerable to costly damages you need to determine the consequences before you let someone else drive your car and