tricky stolen car case

[fcivic]

What is the name of your state? What is the name of your state? New york

My car was parked on the street and hit over night by a vehicle that was stolen from an auto body shop. The suspect has never been identified, and will probably never be caught. I know the owner of the stolen vehicle is not responsible (and their insurance has denied the claim), and my insurance company was denied in their pursuit against the insurance company of the auto body shop [only 1-2 months ago]. Can I go after the owner of the shop? He stated in the police report that [although the car was stolen] the keys were left in the vehicle. Also, it was not secured in a fenced in area behind the shop. I'm out the cost of my deductible and for a rental that was not covered under my insurance. This accident happened one year ago.

~Thanks

 

[I AM ALWAYS LIABLE]

What is the name of your state? What is the name of your state? New york

My car was parked on the street and hit over night by a vehicle that was stolen from an auto body shop. The suspect has never been identified, and will probably never be caught. I know the owner of the stolen vehicle is not responsible (and their insurance has denied the claim), and my insurance company was denied in their pursuit against the insurance company of the auto body shop [only 1-2 months ago]. Can I go after the owner of the shop? He stated in the police report that [although the car was stolen] the keys were left in the vehicle. Also, it was not secured in a fenced in area behind the shop. I'm out the cost of my deductible and for a rental that was not covered under my insurance. This accident happened one year ago.

~Thanks

My response:

Yes, you can - - and be successful too! This is negligence, pure and simple. It was reasonably foreseeable that a car left with its keys available, could be stolen. And, as such, it is further reasonably foreseeable that damages could, and would, occur at the hands of the thief.

Go get the owner of that shop!

IAAL

 

[fcivic]

Thanks.

Will I encounter any type of time limitations, as the accident happened a year ago?