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Originally Posted by Accord2x What is the name of your state?What is the name of your state? Minnesota
I was legally parked on a private street in a parking spot. A stolen vehicle hit my car. The owner of the the stolen vehicle left the keys in the ignition and his truck unlocked and running while he was inside his house. The police have yet to catch the person who stole the truck.
My insurance company won't even do a subrogation against his insurance company because they feel he is also a victim. They said they would go after the person who actually stole the vehicle.
My questions are, is the owner of the stolen vehicle responsible for my insurance deductible? If I sue him do you think I would win? Why should I wait for the police to find the person who stole the truck? I figure let the owner of the stolen vehicle have to go after the thief, I did nothing wrong.
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My response:
There are two schools of thought on this issue.
One, the owner of a stolen vehicle should have the freedom to leave their property anywhere, and in any condition, they want without having to be responsible for the acts of a third party criminal and, but for the criminal acts of another, this situation would never have occurred. This is the "intervening act" defense.
Two, which is the other thought, is that it is reasonable to expect that if you leave keys in your vehicle that the vehicle could be stolen, and but for the fact that the owner made it relatively "easy" for his vehicle to be stolen, that owner should be liable for any "chain of events" caused by such an act. This is the "attractive nuisance" cause of action.
So, depending on which side of the fence your judge may be sitting, will determine whether you win or lose. So, give it a try.
IAAL
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