Hit by drunk driver in "stolen" car

What is the name of your state? I'm in NY

A question i'm sure that's been posted before:

I was rear ended by a driver who was arrested for DWI at the scene. Turns out he wasn't the owner and the owner submitted a theft claim to his insurance company. The driver is the boyfriend of a friend of the owner who took the car without permission. Insurance company is saying they won't pay for my damages. After speaking to the insurance co, a police report for the "theft" was not filed. What happens from here?? He will need to press charges against this driver, correct? If he doesn't, his theft claim should be null & void in my opinion. If he does, then am I, for lack of better words, assed out? They say it's all under investigation right now but i would like to know your opinions. What should I ask for? What should I expect? Should I get a lawyer right now?What is the name of your state?

Very simple.
1) If the vehicle was stolen, the owner of the vehicle is not liable. Sue the driver.
2) If the vehicle was not stolen, the owner MAY be liable (depending on the full facts). Sue both the owner and the driver.

Or more simply.... turn the claim in on YOUR insurance, let them pay and then pursue recovery from the liable party (parties).

There is a relationship between the driver and owner. So, would the owner have to press charges against the driver in order to validate that the vehicle was "stolen?" If he does press charges, does that relieve him of responsibility and require me to go after the driver? If he doesn't press charges, does he then become responsible?

My insurance is out of the question as i only had liability coverage.

moliva1568 said:

My insurance is out of the question as i only had liability coverage.

Click to expand...

Sue them both as is suggested.

As already advised... sue BOTH of them... and let them explain the 'theft' to the court.
The question will be HOW was the theft. If the keys were left about haphazardly or left in the car, the driver would likely be found liable due to his negligence.

I was in a similar accident back on the 5th of August. I spoke to a lawyer who told me to contact the courthouse where the driver was going to be tried for the DUI charge (in my accident). Ask the clerk or whoever answers what charges they have on the driver. If there is no stolen vehicle charge then you should tell your insurance company this information. It's been a month for me and I'm still battling my case. I was told by the owner's insurance that the car was stolen, however, the police report says nothing on the vehicle being stolen and there are no stolen vehicle charges on the woman who was driving the car. According to the lawyer I talked to, if the car wasn't actually stolen then you have a claim with the owner's insurance. I am not an insurance agent or a lawyer, but that is the exact info I got from the lawyer I talked to. I hope that helps you.

Thank you for your help. I will be seeking legal measures because they're really trying to stiff me. The driver is the boyfriend of the owners friend. apparently he took the car "without the owners permission." According to the insurance co, this constitutes theft/non-permissive use and invalidates my claim. Conveniently the keys are in the ignition though. They say it's still under investigation but it looks like this is going to be a process. I will inquire about those charges but when i called the precint, the dwi was the only charge. i also got a witness letter from the D.A. which only mentions the DWI. i hope to come out on top here cuz i'm screwed if i don't.

P.S. If I was the driver and I really stole the car, i would have ran. Why sit and wait till the police come? What do I have to lose at that point?