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re: Your car is stolen and gets in a wreck

Posted on 8/3/20 at 9:12 pm to
Posted by DiamondDog
Louisiana
Member since Nov 2019
13444 posts
Posted on 8/3/20 at 9:12 pm to
quote:

You insure drivers not vehicles. The thief is on the hook.


What
Posted by East Coast Band
Member since Nov 2010
67034 posts
Posted on 8/3/20 at 9:13 pm to
As long as the car thieves weren't shot by the police, we're all winners
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 8/3/20 at 9:15 pm to
This isn’t about the stolen car. This is about the cars the thief hit with the stolen car. What kind of liability does the owner of the stolen car have?
Posted by YF12
Ottobaan
Member since Nov 2019
4451 posts
Posted on 8/3/20 at 9:16 pm to
quote:

This isn’t about the stolen car. This is about the cars the thief hit with the stolen car. What kind of liability does the owner of the stolen car have?



If its non-permissive use of the car as in actually stolen then no liability.

But they can sure as hell try to argue it was permissive use.
Posted by t00f
Not where you think I am
Member since Jul 2016
102391 posts
Posted on 8/3/20 at 9:16 pm to
Oh sorry, that is the uninsured coverage in your policy.

People stealing cars have no insurance.
Posted by Tyga Woods
South Central Jupiter Island, FL
Member since Sep 2016
42962 posts
Posted on 8/3/20 at 9:17 pm to
quote:

I'm about 95% sure this incorrect.

Your liability coverage protects you in a rental, for example.



You’re probably right. I have no idea. Sounded good in my head
Posted by tigercross
Member since Feb 2008
5075 posts
Posted on 8/3/20 at 9:17 pm to
You might get sued but the plaintiff won’t recover.

De Castro v Boylan & Humphrey v Balsamo
Posted by boosiebadazz
Member since Feb 2008
86480 posts
Posted on 8/3/20 at 9:17 pm to
Better have UM coverage
Posted by boosiebadazz
Member since Feb 2008
86480 posts
Posted on 8/3/20 at 9:19 pm to
The big question to ask is whether the the driver of the vehicle had the permission of the owner to drive it. And then you better hope the driver isn’t an excluded driver on the policy.
This post was edited on 8/3/20 at 9:20 pm
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 8/3/20 at 9:19 pm to
quote:

Better have UM coverage




How does that stop the owner from being sued?
Posted by boosiebadazz
Member since Feb 2008
86480 posts
Posted on 8/3/20 at 9:20 pm to
You can be sued for anything. Whether there is a cause of action against you that survives exceptions and summary judgment and leaves you with a valid and enforceable judgment against you is another question altogether.
This post was edited on 8/3/20 at 9:21 pm
Posted by eScott
Member since Oct 2008
11376 posts
Posted on 8/3/20 at 9:21 pm to
quote:

This isn’t about the stolen car. This is about the cars the thief hit with the stolen car. What kind of liability does the owner of the stolen car have?


None
Posted by RockyMtnTigerWDE
War Damn Eagle Dad!
Member since Oct 2010
109180 posts
Posted on 8/3/20 at 9:21 pm to
quote:

The majority rule among the 50 states is that the owner of a stolen vehicle will not be held liable for damages when the vehicle is stolen and then involved in an accident. This is because the vehicle was taken without the consent of the owner. Under the “permissive use doctrine”, an owner is liable for personal injury or property damage resulting from negligence in the operation of a vehicle by any person using the vehicle with the permission of the owner. Liability is dependent on the express or implied permission of the owner. Since the owner of a stolen vehicle has clearly not given permission for their vehicle to be used, they are generally not responsible for the actions of the thief. They owe no duty to the owner of the legally-parked vehicle owned by your insured.

The general rule of non-liability has exceptions. Some states hold the owner of a stolen vehicle liable when the owner’s negligence made the theft a foreseeable consequence. \


Law,com

Just a search and don't know validity of it, but it seems reasonable.
Posted by YF12
Ottobaan
Member since Nov 2019
4451 posts
Posted on 8/3/20 at 9:21 pm to
quote:

You’re probably right. I have no idea. Sounded good in my head



It in general follows the car

If you let your friend borrow your car then its your insurance covering the car
Posted by t00f
Not where you think I am
Member since Jul 2016
102391 posts
Posted on 8/3/20 at 9:21 pm to
Some a-hole steals your car out of your driveway and drives to Nola East and causes havoc. Owner of vehicle is not liable - but your insurance makes you whole

UM
This post was edited on 8/3/20 at 9:31 pm
Posted by Crimson1st
Birmingham, AL
Member since Nov 2010
21155 posts
Posted on 8/3/20 at 9:21 pm to
quote:

Your car insurance is on the hook

But you need comprehensive coverage



Correct, for fixing your car that is...

The other person will probably have to file on their UIM(uninsured motorist) coverage.
Posted by GreatLakesTiger24
Member since May 2012
61657 posts
Posted on 8/3/20 at 9:21 pm to
i'm a man. i drive a truck.
Posted by slackster
Houston
Member since Mar 2009
91874 posts
Posted on 8/3/20 at 9:21 pm to
quote:

You’re probably right. I have no idea. Sounded good in my head


I gave you 5% wiggle room out of respect.
Posted by RummelTiger
Official TD Sauces Club Member
Member since Aug 2004
94063 posts
Posted on 8/3/20 at 9:21 pm to
quote:

You can be sued for anything. Whether there is a cause of action against you that survives summary judgment and leaves you with a valid and enforceable judgment against you is another question altogether.


Our little boosie is all grown up.
Posted by boosiebadazz
Member since Feb 2008
86480 posts
Posted on 8/3/20 at 9:23 pm to
I still sign my pleadings in crayon with Cheeto fingers, though.
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