QUESTION
My car was hit by a stolen vehicle, is the owner insurance responsible for the repair?
Asked on Jan 17th, 2012 on Personal Injury - New York
More details to this question:
My car was legally parked. The police were after this stolen vehicle and it hit other cars, and a pedestrian then it hit my vehicle really bad. My car is totaled. The owner insurance is saying that they are not liable.
18 ANSWERS
Products Liability Attorney serving Durango, CO
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Law Offices of Richard Copeland, LLC
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No.
Answered on Jun 02nd, 2013 at 8:34 PM
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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Usually, insurance follows the car. However, the driver generally needs to be an "authorized driver," as defined in the insurance policy. Quite frankly, it all depends in your case on what the owner's insurance policy states.
Answered on Feb 17th, 2012 at 12:03 PM
1 Award
The owner of the car is not responsible since he did not grant the driver permission to drive it. You will have to sue the driver and if the driver has auto insurance you would sue his insurer.
Answered on Feb 02nd, 2012 at 10:55 AM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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The question whether the owner of the stolen car is liable. If he/she had nothing to do with the theft then no liability. What about your insurance company? Contact the state of California "Victims of Crime" fund; maybe they can help. Get the police report and all other evidence.
Answered on Feb 02nd, 2012 at 10:51 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes. That is true they are. It’s liable.
Answered on Feb 01st, 2012 at 4:40 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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The owner's insurance is typically not liable, so you might want to get the collision coverage of your own car to make the repairs. IF, however, the keys were in the vehicle then you can argue the owner (and the insured) was negligent for not securing the keys so it could not be driven away. If the person picked the ignition key on the car, then the insurance for the car is not responsible.
Answered on Feb 01st, 2012 at 3:18 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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Probably not. If the car was stolen, there would be no insurance coverage and you would have to make a claim on your policy.
Answered on Feb 01st, 2012 at 10:47 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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They are not liable where car is stolen.
Answered on Feb 01st, 2012 at 10:41 AM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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Under Georgia law "insurance follows the car" meaning that usually the liability insurer of the vehicle that hit your car pays to fix your car. The exception to that is if the driver was driving without the owner's permission. If the car had been stolen then the thief was driving without the owner's permission and there would be no coverage for the thief striking your car under that policy.
Answered on Feb 01st, 2012 at 10:36 AM
Civil Litigation Attorney serving Gadsden, AL
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Ford, Howard & Cornett, P.C.
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The insurance company is only responsible for the negligence of an insured driver. Whether or not your vehicle was hit by an insured driver depends on the definition of "insured" under the policy. Most automobile insurance policies exclude a thief from the definition of "insured." To know for sure, you need to read the policy (so you should request a copy of the policy). You may want to consult with an attorney to look over the policy and advise you. Most attorneys will provide a free initial consultation.
Answered on Jan 31st, 2012 at 5:57 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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They are not liable. You may have uninsured motorist coverage that would pay the damages. Check with your insurance agent.
Answered on Jan 31st, 2012 at 5:56 PM
Bruce Elliott Goodman
Since the theft of the car was not a permissive use of the vehicle, the other car's insurance would not cover this accident. You should make a claim against your own uninsured motorist coverage.
Answered on Jan 31st, 2012 at 5:55 PM
Since the car was stolen, its owner would not have responsibility. Had the owner allowed someone to borrow the car, then liability would go to the owner as well as the driver. In this case the thief is probably liable but may be very difficult to collect from.
Answered on Jan 31st, 2012 at 5:52 PM
When a vehicle is stolen, the insurance is not valid because the owner never gave the driver permission. The only place you can go is your own policy if you have optional collision coverage.
Answered on Jan 31st, 2012 at 5:51 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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The owner's insurance company is liable only for "permissive use", this was not a permissive use and they are not responsible.
Answered on Jan 31st, 2012 at 5:46 PM
Workers Compensation Law Attorney serving Atlanta, GA
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Rechtman & Spevak
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It is true that the owner's insurance is not applicable when the vehicle is stolen. This scenario presents one of many good reasons why everybody should add Uninsured Motorist coverage to their own automobile insurance policy.
Answered on Jan 31st, 2012 at 5:45 PM
Personal Injury (Plaintiff) Law Attorney serving Wheaton, MD
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The Law Offices of Paul A. Samakow, P.C.
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They are not liable. If your car was stolen, would you want your insurance company to pay for the damage done by the thief? In this situation, you should use your own automobile insurance coverage... specifically, the Uninsured Motorist provisions... the law assumes a thief has no insurance, thus the term "uninsured"... this coverage is for situations exactly like this... your premiums will not increase by the way... good luck.
Answered on Jan 31st, 2012 at 5:42 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, they are not, because the driver of the car was using it without permission from the owner. That's what your insurance is for.
Answered on Jan 31st, 2012 at 5:40 PM