QUESTION
Can I sue someone who hit my car in a hit and run and then reported her car stolen?
Asked on Aug 09th, 2012 on Automobile Accidents - Michigan
More details to this question:
My car was legally parked in the street and a person hit it and then jumped out and took off, hit and run. I reported the hit and run and then 40 minutes after I reported it, the woman who owned the car reported it stolen. My car only had liability and her insurance denied me coverage because she is trying to claim her car was stolen. Can I sue her and the insurance company and win?
14 ANSWERS
William C. Gosnell
Anybody can sue anybody but the real question is can you win. You have to prove that she was driving. She does not have to prove that a thief was driving.
Answered on Aug 15th, 2012 at 12:58 PM
Ronald A. Steinberg
Can you identify the person who jumped out of the car and ran? Can you prove that the runner had permission to drive the car?
Can you prove that the owner was negligent in leaving the keys available to be taken? Were the keys in the ignition when the first person to get to the car got there?
If you cannot prove that either the owner was driving or that the driver had permission to drive the car, you are not going to win. All you can prove is that her car hit your car, but to get to the owner, you have to prove "permitted use."
If not, then you lose. If you cannot prove permitted use, then you have to prove that the owner was negligent in allowing the car to be taken without permission.
Answered on Aug 15th, 2012 at 12:57 PM
In Florida, not if she can prove her car was stolen.
Answered on Aug 15th, 2012 at 12:56 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can sue. I cannot say whether you would win. You would have to prove by a preponderance of the evidence that she was driving.
You should check with your insurance company as to whether you have uninsured coverage and whether it covers property damage. In SC uninsured coverage is mandatory, and you should have it.
Answered on Aug 15th, 2012 at 12:56 PM
Steven D. Dunnings
What proof do you have it wasn't stolen?
Answered on Aug 15th, 2012 at 12:56 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Hit and run folks do this often. I don't know whether you can win or not. She says stolen. You say not. How would jury know what to believe in a he said/she said case? if you have witnesses that saw her drive, you ought to win, but without witnesses how would a judge or jury know who is telling the truth?
Answered on Aug 15th, 2012 at 12:56 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If you can prove that she's lying then you might win.
Answered on Aug 15th, 2012 at 12:56 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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A person's insurance does not typically cover any unauthorized driver. The term used is "permissive driver." Unfortunately, if the vehicle was stolen then is very likely that the thief was not a permissive driver; therefore, there will be no coverage for you. Your claim would be against the at-fault driver and his/her insurance. Thanks!
Answered on Aug 15th, 2012 at 12:55 PM
Joseph John Ganz
You can sue anyone for a filing fee but you will only prevail if you can prove that her car was not -in fact- stolen . You cannot -successfully- sue her insurance company in this regard.
Answered on Aug 15th, 2012 at 12:55 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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To win a lawsuit here, you will need to prove that the car was not stolen and that it was driven with permission.
Answered on Aug 15th, 2012 at 12:55 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Technically, only the driver of the car is liable for the damage to your car, and unless that driver had the OK of the owner, the owner's insurance won't cover it.
Claiming theft is a dirty trick people sometimes use to get out of responsibility for accidents. Can you identify the person who was driving?
If so, you might try to find a connection between that person and the owner to show the car wasn't really stolen.
But understand that if you do identify the driver and he or she is a householder or other person with a connection to the owner, the owner's insurance policy may exclude that person from coverage if he or she is thought to be a liability risk.
Unfortunately, you'll probably spend more than your own property damage deductible trying to hang the liability on the owner, and without a substantial personal injury claim at stake you'll find it hard to get a lawyer to take the case on contingency.
Answered on Aug 15th, 2012 at 12:54 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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You can sue her. You may or may not win.
Answered on Aug 15th, 2012 at 12:54 PM
Dennis P. Mikko
Since your car was legally parked, the person who hit your car is responsible for the damage. This is an exception to the Michigan no-fault law. However, you would have to prove that her car was not stolen and she was driving at the time of the accident.
Answered on Aug 15th, 2012 at 12:54 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Yes provided that you can prove she was driving.
Answered on Aug 15th, 2012 at 12:53 PM