Skip to main content

A car was stolen and hit my parked truck. The driver fled the scene with another car. Who's at fault?

Randolph, MA |

No further detail

Attorney Answers 9


  1. Unless the driver left the keys in the ignition, or something similarly negligent, some jurisdictions may ultimately hold him liable, but its very unlikely when the use was non-permissive and unforeseen. Hopefully you have uninsured motorist coverage!

    * Please note that I am an Attorney practicing in Georgia, but I am not your attorney. This post is intended to provide some helpful insight into your particular situation, but it should not be taken as legal advice. If you would like to discuss your Georgia Personal Injury, Medical Malpractice, or Criminal case, I am happy to discuss your specific situation with you at no cost to you. I can be reached at 404-996-5157 or Fareesh@SarangiLaw.com. If you found this Answer "Helpful" or " The Best Answer", please click the tab indicating that. Thank you!


  2. As Attorney Sarangi notes, it is very unlikely that the owner of the stolen vehicle will be found responsible unless there was some blatant negligence on the owner's part that enabled their car to be stolen (such as leaving the car unlocked with the keys in the ignition in an open area). The person at fault is obviously the car thief. Since you probably don't know who that is, your recourse is to your own insurance policy. Hit-and-run drivers are typically considered "uninsured" for purposes of uninsured motorist coverage.

    Douglas Lloyd is licensed to practice law in the Commonwealth of Massachusetts. Answers provided on Avvo are intended for informational purposes only; they are not intended as legal advice and do not create an attorney-client relationship. The material is presented with the understanding and agreement that I am not engaged in rendering legal or other professional services by posting it.


  3. Likely, no one that you could hold responsible. I would talk with your insurance carrier.


  4. Report this to police & insurance.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  5. Likely not the car owner but the driver certainly would be but its very likely there's no insurance. Call the police and your insurance company to report it.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  6. Under the terms of the Massachusetts Standard Auto Policy you need to report this to the police ASAP if not in 24 hours. Make a claim for the property damage to your insurance company promptly. The insurance company has a division that will look into potential subrogation against any possible insurer that may cover it. The driver who fled the scene is obviously at fault, but getting your truck fixed, I would think, would be your priority.

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  7. The driver of the car which struck yours.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  8. The person who stole it.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.


  9. The driver who fled the scene is clearly at fault. But if you cannot locate him or her, you will be unable to pursue that avenue to recover your losses as a practical matter. The owner would not be liable unless they actually did something wrong, e.g, allowed the driver to use the car knowing that they had a horrific driving record and no license. Contact your insurance company right away and a licensed attorney experienced in car accident cases.