2006-06-29 09:42:13 · 10 answers · asked by joe34 1 in Cars & Transportation ➔ Insurance & Registration
I'm afraid the insurance company of the owner's car will NOT pay for your damages if this indeed was a stolen car. Any auto policy, yours included, excludes payment for damages done by your auto while the vehicle is being driven by someone who stole the car.
Now, "stolen" requires proof and a police report. If it's just a case of non-permissive use (ie, "my boyfriend who drives my car alot took my keys to go get beer when I told him not to,") that's a different story and the majority of companies will indeed cover the loss in that instance.
However, if the vehicle in question was legitimately stolen during the accident, that insurance company cannot and will not pay for your damages. Give a call to your own agent, check with your local Legal Aid, or contact a local attorney - they'll confirm the exclusionary language for theft and advise you how best to proceed if you don't have collision coverage on your own policy.
If you DO have collision coverage on your vehicle, turn the claim in and let your company get rolling on your behalf.
Good luck. I hope everyone's okay.
2006-06-29 16:12:54 · answer #1 · answered by ohso_quiet 4 · 1⤊ 0⤋
Ignore the idiot who says that insurance is void on a stolen car! There's NO truth to that statement! The owner's liability coverage WILL cover your loss!! (It might not cover HIS loss since he left the keys in it, but that's another story entirely. And it might not cover the THIEF's loss but that's only fair).
(She claims to be an insurance agent. I'm glad she's not mine! She's CLUELESS!!)
The owner of the vehicle and the thief (if caught) are both liable for your loss. If the vehicle owner had liability coverage it will cover your loss. If the owner didn't have liability coverage, your Uninsured Motorist coverage, if you have it, will cover your loss. If the owner was uninsured and you didn't have UIM, then you have a problem. You'll have to sue the owner and the thief for your damages.
The owner of a vehicle is ALWAYS potentially liable for damage caused by their vehicle. This applies whether it was stolen or is being operated with the owner's authorization. At the very least, their insurance WILL cover against loss to others caused by the vehicle.
Leaving the keys in an unattended vehicle will normally INCREASE the owner's potential liability, not absolve them. Leaving the keys in the car is negligence. Negligence will always increase your risk of liability.
If a car is stolen without the keys, the owner's liability is usually limited to their insurance coverage. However, if the owner leaves the keys in the car (even for a few seconds to run into a store) they leave themselves open to unlimited liability due to their negligence.
2006-06-29 18:22:55 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
You're in trouble. Most insurance policies exclude coverage for non-permissive use (meaning stolen). The owner of the car is not liable to you and you won't be able to collect from him/her. You would have to sue the person who stole the car. And I'm guessing that anyone who typically steals cars is probably not going to have insurance or any assets you can take even if you do win a civil suit, which means you probably won't see a dime. Sorry to bear the bad news, but good luck anyway.
2006-06-29 16:56:16 · answer #3 · answered by Sheryl 2 · 0⤊ 0⤋
your insurance will pay (if you have full coverage) for your loss. Just because you leave your keys in it dose not make you liable if its stolen. this will be an issue for the stolen cars owner though. take the driver to civil court to get back any loss not covered.
2006-06-29 16:55:53 · answer #4 · answered by ric_ozz 3 · 0⤊ 0⤋
If nobody has any money all the lawyers in the world wont help you get paid. See if the car was insured and file a claim with them. Check and see what your total damages are and you may want to file in small claims.
2006-06-30 00:15:38 · answer #5 · answered by trailsman1961 3 · 0⤊ 0⤋
I think that the owner of the stolen is not exactly responsible for your injury just because it was their car and they might not be willing to pay for your injuries. so you should most definately get a lawyer and go after the car theif if you can.
2006-06-29 16:51:30 · answer #6 · answered by Chrissy Baby 1 · 0⤊ 0⤋
You need a personal injury lawyer and fast!
If you live in Oregon by chance I know a great one!
2006-06-29 16:45:37 · answer #7 · answered by 2good4u 2 · 0⤊ 0⤋
depends on what state you live in. there might be "no fault" laws then your insurance is liable for you
2006-06-29 21:52:51 · answer #8 · answered by cocoanutt 4 · 0⤊ 0⤋
probably the guy who hit you, just because you leave your keys in your car, doesn't give somebody the right to steal it.
2006-06-29 16:46:01 · answer #9 · answered by James P 6 · 0⤊ 0⤋
Get a laywer!
2006-06-29 16:44:27 · answer #10 · answered by Ken W 2 · 0⤊ 0⤋