damage by stolen car - liability?

[SusanB]

What is the name of your state? Florida

My daughters parked car was hit causing approx $700 worth of damage to the bumper. The owner of the other car had left the car running with keys in it and it was stolen. The thief hit my daughters car, had problems getting out of the parking lot, abandoned the car and took off. The owner of the car was ticketed for leaving a car running with keys (as written in the police report). The police officer told my daughter that the owners insurance should cover her damages but that insurance company is refusing to pay saying it was not the owners fault. Should the insurance company be paying this claim and if so would the only other recourse be to go to small claims? In small claims would she recoup her court costs, lost wages and damages? Thanks in advance for any advice provided on this issue.

 

[ecmst12]

I don't think the insurance would be responsible for this, or the owner. Sue the theif.

 

[moburkes]

I don't think the insurance would be responsible for this, or the owner. Sue the theif.

Your daughter can also file the claim under her collision coverage.

 

[ecmst12]

Assuming the common $500 deductible, it's almost not worth it....

 

[moburkes]

Assuming the common $500 deductible, it's almost not worth it....

I agree with you, however since the mom is trying to figure out how to collect from a thief who probably has no money, other than what s/he stole from someone else...

Also, I just double-checked my own insurance policy. It specifies that it will pay for damages caused by another driver if permission was given. OP's policy is probably similar.

OP: I will ask my claims adjuster friend. I'll get back to you probably within 24 hours.

 

[ecmst12]

Policies usually also exclude coverage if the incident in question happened in connection with a crime being committed.

 

[moburkes]

Policies usually also exclude coverage if the incident in question happened in connection with a crime being committed.

You're right, but that's directed to the named insured's and the additional drivers.

 

[You Are Guilty]

If there is a law against leaving the keys in a running vehicle (and it seems there is if the police ticketed for it), then you can sue the owner of the car directly for their negligence. Let them figure out how to collect from their insurance company (they won't, but it's not your problem).