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

Randolph, MA |

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Attorney Answers 9

Posted

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!

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Posted

According to the police report, the victims keys were missing from her residence. I'm not really sure how that all plays into everything. The car was reported stolen about seven hours after the accident occurred. Can you unreport a car stolen? If so, would that be updated on the crash report? How would I get that information?

Posted

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.

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Posted

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

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Asker

Posted

So, how would that work with respect to fault?

Kevin Coluccio

Kevin Coluccio

Posted

The person who was driving the car is at fault, but that person is gone

Asker

Posted

Ok, thank you.

Posted

Report this to police & insurance.

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

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Posted

It was.

Posted

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.

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Posted

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.

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Posted

The incident was reported. The police responded. Forgot to mention that in my original post.

Posted

The driver of the car which struck yours.

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Posted

The person who stole it.

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Posted

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.

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