Since the owner left the keys in the car and door unlocked, is he liable for the accident? 2 Answers as of February 22, 2017

I was involved in a traffic accident. A car ran the light and hit my car. The police said the car was stolen. When they talked to the owner, he said that he left the keys in the ignition and ran into the house for something and the car was gone. His insurance company is saying since the car was stolen, they are not liable. I only had liability on my car so I can’t go through my insurance.

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Mark G. Patricoski, P.C. | Mark G. Patricoski
I believe you lose here.
Answer Applies to: Illinois
Replied: 2/22/2017
Candiano Law Office
Candiano Law Office | Charles J. Candiano
There is NOT a definitive answer to this question. You may be able to hold the owner liable under the attractive nuisance doctrine. Your only option is to file suit. That will force the insurance company to defend the claim. They will not take the claim seriously unless you do. If it is a substandard carrier, you are in for a fight.
Answer Applies to: Illinois
Replied: 2/22/2017
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