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re: Your car is stolen and gets in a wreck

Posted on 8/3/20 at 9:23 pm to
Posted by HarveyBanger
Member since Mar 2018
1277 posts
Posted on 8/3/20 at 9:23 pm to
Speaking from informed point of view.

Your insurance would deny liability if it was a straight up theft. Your comprehensive coverage would cover the damages to your vehicle.

Now if this is something to where it’s an old friend or family member who grabbed the keys without you knowing there would likely be implied permission of use and your insurance would be on the hook for liability. It’s a case by case situation.

But for a theft of a vehicle by some criminal off the street there is no liability against the owner. Liability laws on this vary state by state
This post was edited on 8/3/20 at 9:23 pm
Posted by slackster
Houston
Member since Mar 2009
91874 posts
Posted on 8/3/20 at 9:23 pm to
quote:

It in general follows the car

If you let your friend borrow your car then its your insurance covering the car


It follows both to some extent. Your personal liability follows you. Permissive use deals with the car, but really you too.
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 8/3/20 at 9:23 pm to
So, I am sleeping and someone steals my car then runs into someone else. I am subject to a being sued?

FTR: this isn’t about me. It was a question I was presented with today.
Posted by PrivatePublic
Member since Nov 2012
17848 posts
Posted on 8/3/20 at 9:23 pm to
quote:

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

What


This thread is showing who has added children to insurance and who hasn't.
Posted by tigercross
Member since Feb 2008
5075 posts
Posted on 8/3/20 at 9:23 pm to
quote:

If you let your friend borrow your car then its your insurance covering the car


That’s quite different in the eyes of the law than the scenario provided by OP wherein the car was stolen.
Posted by Crimson1st
Birmingham, AL
Member since Nov 2010
21155 posts
Posted on 8/3/20 at 9:23 pm to
quote:

It in general follows the car

If you let your friend borrow your car then its your insurance covering the car


Correct, however they have to be legal to drive otherwise, as in can legally drive by having their own policy with the legal limits of liability and all other legalities checked...valid DL, etc...

You do have to be careful in this also due to the fact that an accident under permissive use can go on your record. This is to insure you don't just lend your car out to someone who isn't responsible.

Lol @ the poon who downvoted me!
This post was edited on 8/3/20 at 9:30 pm
Posted by SPEEDY
2005 Tiger Smack Poster of the Year
Member since Dec 2003
88396 posts
Posted on 8/3/20 at 9:24 pm to
quote:

The thief is on the hook.




Good luck with that
Posted by eScott
Member since Oct 2008
11376 posts
Posted on 8/3/20 at 9:25 pm to
quote:

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.


I was rear-ended this year with this situation. Sucks
Posted by tigercross
Member since Feb 2008
5075 posts
Posted on 8/3/20 at 9:26 pm to
quote:

So, I am sleeping and someone steals my car then runs into someone else. I am subject to a being sued?


You can be sued for anything. If it was an actual theft the attorney provided by your insurance would have no issue obtaining a summary judgment in your favor.
This post was edited on 8/3/20 at 9:27 pm
Posted by RummelTiger
Official TD Sauces Club Member
Member since Aug 2004
94063 posts
Posted on 8/3/20 at 9:26 pm to
Whew!
Posted by boosiebadazz
Member since Feb 2008
86480 posts
Posted on 8/3/20 at 9:27 pm to
quote:

I am subject to a being sued?


Operative word is subject. Technically you’re subject to being sued over any number of decisions you make and transactions you enter into over the course of a day.

But I wouldn’t worry too much about having a judgment cast against you if your car got stolen. You could make up a law school hypo of you being in an area you know to be high crime and leaving it unlocked with the keys in it and maybe even mentioning to the crackhead that you’re just running inside for a bit and to watch your car... but third party criminal activity is generally going to break any chain of causation for you
This post was edited on 8/3/20 at 9:30 pm
Posted by Tyga Woods
South Central Jupiter Island, FL
Member since Sep 2016
42962 posts
Posted on 8/3/20 at 9:28 pm to
quote:

I gave you 5% wiggle room out of respect.





Posted by Eternally Undefeated
Member since Aug 2008
935 posts
Posted on 8/3/20 at 9:29 pm to
Assume the thief crashed into other cars while on his spree. Does your liability insurance cover those cars? No. To be insured under your policy, the driver must be a named insured or driving with the permission of the named insured. The thief does not have your permission.

You are not personally liable to any of those victims, either.
Posted by Tyga Woods
South Central Jupiter Island, FL
Member since Sep 2016
42962 posts
Posted on 8/3/20 at 9:32 pm to
Get Boosie, the Napoleonic Uzi
Posted by KemoSabe65
70605
Member since Mar 2018
7569 posts
Posted on 8/3/20 at 9:32 pm to
Nope, UM is for bodily injuries sustained that are over the liability limits of the third party drivers coverage. UM does not cover damage to autos Unless you don’t have comprehensive and elect to purchase UM property damage coverage ($15 per year on avg).
Posted by udtiger
Over your left shoulder
Member since Nov 2006
117331 posts
Posted on 8/3/20 at 9:32 pm to
Depends.

If your car is truly stolen and the driver runs into someone else and injures them or damages their property (or both), you are not responsible and unless someone fricked up writing your policy, neither will your insurance company.

Of course, that won't prevent some piece of shite lawyer from suing you.

However, if you have comprehensive coverage, you will be able to recover for the damages to your vehicle.
Posted by brass2mouth
NOLA
Member since Jul 2007
20750 posts
Posted on 8/3/20 at 9:36 pm to
quote:

Let’s say your car is stolen and gets in a wreck. Who’s insurance is on the hook? Also, as the owner are subject to a lawsuit?



Just sue to police that was chasing them. Problem solved.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59461 posts
Posted on 8/3/20 at 9:39 pm to
Jesus Christ these threads make my head hurt.
Posted by BamaCoaster
God's Gulf
Member since Apr 2016
7413 posts
Posted on 8/3/20 at 9:41 pm to
Liability follows driver, not car.
Comp and collision (if any) follow car.
Posted by YF12
Ottobaan
Member since Nov 2019
4451 posts
Posted on 8/3/20 at 9:47 pm to
quote:

Jesus Christ these threads make my head hurt.



Its possible that every one here has different language in their policy

All the way from no one is allowed to drive unless added to the policy to everyone you want to grab the keys is blanket covered by you and you dont need to even add those that live with you.

Only generalities can be made.
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