My car was hit by a stolen vehicle, is the owner insurance responsible for the repair? 33 Answers as of June 02, 2013

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.

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Ezim Law Firm | Dean Esposito
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.
Answer Applies to: Louisiana
Replied: 2/2/2012
Attorney at Law | Ernest Krause
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.
Answer Applies to: California
Replied: 2/2/2012
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Yes. That is true they are. It’s liable.
Answer Applies to: New York
Replied: 2/1/2012
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
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.
Answer Applies to: Florida
Replied: 2/1/2012
Law Office of Ronald Arthur Lowry
Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
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.
Answer Applies to: Georgia
Replied: 2/1/2012
    Ford, Howard & Cornett, P.C. | Bradley Cornett
    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.
    Answer Applies to: Alabama
    Replied: 1/31/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    They are not liable. You may have uninsured motorist coverage that would pay the damages. Check with your insurance agent.
    Answer Applies to: South Carolina
    Replied: 1/31/2012
    Goodman & Goodman PA | 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.
    Answer Applies to: Maryland
    Replied: 1/31/2012
    Norm R Perry. Attorney at Law | Norm R Perry
    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.
    Answer Applies to: Michigan
    Replied: 1/31/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Owner is not. Cannot think of a theory that would make him/her liable. Where is the negligent intrustment? Hopefully, the twit who stole the car was a minor and you can sue him *AND* his parent for enough to cover the loss of the vehicle. Otherwise, your recourse is through your carrier.
    Answer Applies to: California
    Replied: 1/31/2012
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    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.
    Answer Applies to: Massachusetts
    Replied: 1/31/2012
    Downriver Injury and Auto Law | Michael Heilmann
    The owner's insurance company is liable only for "permissive use", this was not a permissive use and they are not responsible.
    Answer Applies to: Michigan
    Replied: 1/31/2012
    Moody Jones Ingino & Morehead | Charles A. Morehead III
    They are correct-only the thief is liable UNLESS they were negligent in securing the vehicle i.e. left the keys in the ignition resulting in a foreseeable theft. Regardless they will probably not pay you without a law suit.
    Answer Applies to: Florida
    Replied: 1/31/2012
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    Probably not if was actually stolen. The vehicle owner and its insurer are responsible to anyone driving the vehicle with permission who was not an excluded driver. Someone who stole the vehicle was not driving with permission. You can sue the person who stole the car. Alternatively, if you had the right insurance on your own vehicle it should cover the loss.
    Answer Applies to: Florida
    Replied: 2/17/2012
    Holzer Edwards
    Holzer Edwards | Kurt Holzer
    Most insurance only covers permissive users. That is people who an owner allows to use his car. A thief is not generally covered.
    Answer Applies to: Idaho
    Replied: 1/31/2012
    RECHTMAN & SPEVAK | DAVID RECHTMAN
    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.
    Answer Applies to: Georgia
    Replied: 1/31/2012
    Andrews & Sanders Law Office
    Andrews & Sanders Law Office | Richard A Sanders Jr
    It depends on the language of the owner's policy. Most of the time, when a vehicle is stolen the insurance company has an exclusion and refuses to pay. You may be able to collect from your own uninsured coverage. You could also collect from the driver (he could have possibly had insurance.) Lastly, when the driver goes to Court you could look into the crime victims compensation fund. Discuss restitution with the district attorney pursuing criminal charges against the driver.
    Answer Applies to: Georgia
    Replied: 1/31/2012
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    Unfortunately, if the stolen vehicle was reported timely and properly that it was stolen, you may be out of luck. The insurance can disclaim responsibility if the vehicle was not operated with consent and control of the owner. If you have collision on your own policy you may have it repaired by your own insurance.
    Answer Applies to: New York
    Replied: 1/31/2012
    The Law Offices of Paul A. Samakow, P.C.
    The Law Offices of Paul A. Samakow, P.C. | Paul A. Samakow
    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.
    Answer Applies to: Virginia
    Replied: 1/31/2012
    Law Offices of Richard Copeland, LLC
    Law Offices of Richard Copeland, LLC | Richard Copeland
    No.
    Answer Applies to: Colorado
    Replied: 6/2/2013
    Attorney & Counselor at Law
    Attorney & Counselor at Law | John Hugger
    You have not provided enough information to make a determination. Probably the owner's insurance is not liable unless the owner was negligent is providing the vehicle or, perhaps, in leaving the vehicle running with the keys in it. Consult with an attorney ASAP. However, your uninsured/underinsured coverage for property damage may cover it. Have you notified your insurance company.
    Answer Applies to: Colorado
    Replied: 1/31/2012
    Broad Law Firm, LLC
    Broad Law Firm, LLC | Donald K. Broad
    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.
    Answer Applies to: Indiana
    Replied: 2/17/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    They maybe if the owner of the car did not take precautions to see that it was not stolen. However, usually the theft of the car is an "intervening cause" and therefore the owner is not responsible. Also, the police might have some responsibility for your damages if they started a high speed chase just to stop a stolen car.
    Answer Applies to: Iowa
    Replied: 1/31/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    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.
    Answer Applies to: New York
    Replied: 1/31/2012
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