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re: Your car is stolen and gets in a wreck

Posted on 8/3/20 at 10:02 pm to
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59461 posts
Posted on 8/3/20 at 10:02 pm to
No it’s that most everyone thinks they have a handle on how insurance works and they have no clue.


Most of these boneheads have no idea if their policies and/or the language in them are different because they haven’t read them.
Posted by Tempratt
Member since Oct 2013
15343 posts
Posted on 8/3/20 at 10:10 pm to
quote:

Owner’s insurance is not on the hook




Then how is it covered? Obviously someone stealing a car is a loser thus probably is uninsured.

Is the cars owner stuck paying a car note for a destroyed car?
Posted by Dizz
Member since May 2008
16233 posts
Posted on 8/3/20 at 10:29 pm to
It’s not covered. If you have theft coverage your policy will cover it.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59461 posts
Posted on 8/3/20 at 10:34 pm to
Comprehensive covers your car if it’s not recovered, damaged, or destroyed.

Doesnt matter if the thief is insured your policy will deny liability for damages caused by the thief because the car was stolen.
Posted by Tiger Prawn
Member since Dec 2016
26390 posts
Posted on 8/3/20 at 11:17 pm to
Your insurance is on the hook for damage to your wrecked vehicle, thats it....assuming you had comprehensive coverage. If you didn’t carry comp, your insurance isn’t on the hook for a dime

You aren’t liable for the actions of a car thief. The people he wrecked into would have to collect from the thief...good luck with that
This post was edited on 8/3/20 at 11:18 pm
Posted by Tiger Prawn
Member since Dec 2016
26390 posts
Posted on 8/3/20 at 11:19 pm to
quote:

Then how is it covered? Obviously someone stealing a car is a loser thus probably is uninsured.

Is the cars owner stuck paying a car note for a destroyed car?
If you’re still paying a note, you should still have full coverage. Comprehensive coverage will pay the vehicle owner for the theft claim. If you don’t carry comprehensive and your car gets stolen, you’re SOL
This post was edited on 8/3/20 at 11:20 pm
Posted by Pico de Gallo
Member since Aug 2016
1894 posts
Posted on 8/3/20 at 11:54 pm to
Hope you filed a police report on the stolen vehicle before the wreck occurred.
Posted by Giantkiller
the internet.
Member since Sep 2007
25869 posts
Posted on 8/4/20 at 12:33 am to
quote:

You are subject to a lawsuit checking your mail in Louisiana.



Look, I don’t mean to pile on here but I‘m ready suing the OP for starting this thread.
Posted by DevilDagNS
Member since Dec 2017
3028 posts
Posted on 8/4/20 at 12:55 am to
Not a permissive use = no coverage on liability. You still have comp and collision.
This post was edited on 8/4/20 at 12:56 am
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 8/4/20 at 2:24 am to
quote:

No it’s that most everyone thinks they have a handle on how insurance works and they have no clue.

I want to live in a world where people STFU when they don't know wtf they are talking about.

And, to answer the op's question: your homeowner's policy will cover everything if it was stolen from inside an unlocked garage. If you have med pay, it will fix your car but not the thief's. If you have neither, your omission and error policy will cover all med mal and the theft of items in your trunk. Otherwise, the tortfeeder will be on the hook for your medicals.

You just need to get a wc atturney. This shite is definitely in the scope of the course of your life, and the thief should be able to collect if he saw some outrageous shite when he hit the family in the minivan. Then, if you properly file your financing statement and attachments with the clerk of state, the tax assessor will just subtract the amount of your damages from your ad valorems, to figure out the diminution that occurred when the thief was rear ended, and you'll have a conventional mortgage in the record.

You definitely need a bankruptcy atturney if you happen to let the car sit in your neighbor's yard for 30 years, otherwise, he will aquisitively prescribe your car from you if you have a mercantile title.

My cousin's neighbor went through this shite last winter, and he didn't even need an attorney. You can probably handle it all by yourself.

Unless it is commingled separate property, purchased by your wife with her pain and suffering accord and satisfactory work performed via a warranty waiver.

You'll definitely need a notary to make sure everything is legit though. Just sign it with your witness watching and find you a bank to swear an oath.

How many miles were on the car?
Posted by lammo
RIP LAMMO
Member since Aug 2005
9358 posts
Posted on 8/4/20 at 2:51 am to
Louisiana: All auto liability policies specifically exclude coverage if the vehicle is stolen. Vehicles are covered, not drivers. Specific drivers can be included in or excluded from coverage on the vehicle. Vehicle is covered for a borrower driver only unless the owner negligently entrusts the vehicle to the borrower, for example, owner knows borrower is shite-faced or that the borrower doesn't know how to drive. Owner is still covered for negligent entrustment; that's why in excluded driver cases, we try to find some form of negligent entrustment; it's a back door to coverage. Borrower not having a valid driver's licence is not negligent entrustment in and of itself.


You can buy uninsured motorists' coverage for property damage, but usually comprehensive and collision is better and covers all risks of damage, not just damage caused by an uninsured driver.

Source: me. 35 years in personal injury practice; no billboards, however. I do not like lawyer billboards or busses, bus stops, T.V. ads, etc.

I'm retired now, but my license is still active.

Caveat: None of this post is offered as legal advice to anyone, and poster assumes no responsibility or liability for any of the discussion or statements herein. These types of cases are highly fact specific and all readers should personally consult with an attorney for legal advice based on the specific facts regarding any accident.

Good night. I'm going to bed now. I don't have to get up early in the morning.
This post was edited on 8/4/20 at 9:41 pm
Posted by HuckleBearer
Beauregard Parish
Member since Dec 2017
207 posts
Posted on 8/4/20 at 6:47 am to
This happened to me in 2017 in Louisiana. Totaled my truck. No one was hurt. Comprehensive covered it.
Posted by TDsngumbo
Member since Oct 2011
51669 posts
Posted on 8/4/20 at 7:20 am to
quote:

The car is insured, not the driver.

Wow...
Posted by Koach K
Member since Nov 2016
4818 posts
Posted on 8/4/20 at 7:20 am to
I love it when this crowd wants to play perry mason and expound on legal doctrine.

Shame on any attorney for responding to this gratuitously.
Posted by Antonio Moss
The South
Member since Mar 2006
49580 posts
Posted on 8/4/20 at 7:26 am to
Most policies cover both the vehicle (primary) and the driver (secondary). So if you are driving another’s vehicle with their permission and get in an accident, their insurance on the vehicle would pay out first and if there is liability left, your insurance would then pick it up.

However, most policies have an exclusion for non-permissive drivers which clearly include theft. So, under the policy, your insurance would not cover liability exposure for a third party.

Like others have said, you could use comprehensive coverage to cover certain other losses.
This post was edited on 8/4/20 at 7:28 am
Posted by TDsngumbo
Member since Oct 2011
51669 posts
Posted on 8/4/20 at 7:27 am to
Damage to your car while stolen is covered by comprehensive IF you carry comprehensive coverage. If not, you’re not covered.

Liability protects YOU from the damage/injuries YOU cause to the other party as a result of your negligence if you’re driving the vehicle. You are not responsible for damage/injuries to other parties caused by a driver who steals your vehicle.

Liability = pays for THEM
Collision/Comprehensive = pays YOU, minus whatever your deductible is
Posted by ItTakesAThief
Scottsdale, Arizona
Member since Dec 2009
10889 posts
Posted on 8/4/20 at 7:30 am to
The owners will pay under comprehensive. If no comprehensive no coverage

The thief’s insurance will not pay, even if he has insurance, the thief does not have permission to drive the car so it will not qualify to be covered under that policy.
Posted by eScott
Member since Oct 2008
11376 posts
Posted on 8/4/20 at 7:31 am to
quote:

Look, I don’t mean to pile on here but I‘m ready suing the OP for starting this thread.


I'm suing chicken for providing the platform to the OP.
Posted by TDsngumbo
Member since Oct 2011
51669 posts
Posted on 8/4/20 at 7:34 am to
quote:

So if you are driving another’s vehicle with their permission and get in an accident, their insurance on the vehicle would pay out first and if there is liability left, your insurance would then pick it up.

Under the permissive use rule in Louisiana, if I borrow your car for something and wreck it, your policy covers it because I had permissive use at the time.

If I’m temporarily using your vehicle as a temporary substitute while mine is out of service due to a covered loss and I wreck your vehicle, MY policy serves as primary coverage and YOUR policy is secondary if there is any liability left after exhausting my limits.


Everyone in Louisiana who has a job, even part time, should have AT LEAST 50/100/50 along with 50/100 UM along with some collision and comprehensive coverage as well. I’d make an argument that 100/300/100 or higher is much more necessary, though. Soft tissue injuries such as ligaments and tendons occur frequently even in low-speed crashes and those can require surgery. Even a minor surgery can result in a $100,000 or more judgement/settlement. I’m not saying that’s warranted, just stating that it happens frequently.
This post was edited on 8/4/20 at 7:37 am
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
88060 posts
Posted on 8/4/20 at 7:50 am to
quote:

Any actual lawyers know the answer?
There will be no available insurance for any damage to third parties caused by the thief. The damage to your vehicle will be covered if you purchased the appropriate coverage.
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