If someone steals my car and gets into an accident, am I liable? No, you are generally not liable if someone steals your car and causes an accident. In New York, vehicle owners are typically only responsible for accidents involving drivers they have given explicit or implied consent to operate the vehicle.
Since a car thief does not have permission, liability for damages usually falls on the thief or the victims’ own insurance coverage. However, exceptions exist, and certain circumstances may expose the car owner to legal or financial responsibility.
Car owners often assume that because they have insurance, they will not be impacted if their vehicle is stolen and involved in a crash. While this is true in most cases, the process of proving non-liability to insurance companies and law enforcement can be complex. If you are being held responsible for an accident caused by a stolen vehicle, a Long Island car accident lawyer can help.
Understanding Liability in Stolen Car Accidents
In New York, vehicle owners are generally liable for an accident if they gave express or implied permission for someone to drive their car. Under the state’s permissive use doctrine (VTL § 388), owners are automatically responsible for injuries or damages caused by anyone operating their vehicle with their consent.
However, if a vehicle is stolen, the owner is typically not financially responsible for damages caused by the thief, as the car was taken without permission.
Even though you are not at fault for the accident, victims may still attempt to sue you for damages, especially if the thief is uninsured or untraceable. In these situations, your insurance company may require you to prove that the car was stolen before it denies liability. Filing a police report immediately is crucial in protecting yourself from legal complications.
When Could You Be Liable if Your Stolen Car Causes an Accident?
If someone stole your car and got in an accident, you’re not liable. While New York law typically protects car owners in these cases, there are situations where the owner could share liability:
- Negligence in securing the vehicle: If you left the keys in the ignition, failed to lock the car, or left it running in a high-theft area, an insurer or court may argue that you contributed to the theft. New York law discourages vehicle owners from creating conditions that make theft easier.
- Permissive use leading to unauthorized use: If you previously allowed a friend, family member, or roommate to drive your car, and they took it without explicit permission, your insurer may argue “implied consent,” making you liable for damages.
- Household members taking the car without permission: If a spouse, child, or cohabiting relative takes your car without asking, insurance companies may not classify it as theft and could hold you responsible for the accident.
- Lending your car to someone who refuses to return it: If you allowed someone to use your vehicle, and they kept it longer than agreed upon or refused to return it, this might not legally count as theft. You could still be responsible for accidents they cause.
Will Insurance Cover an Accident Involving Your Stolen Car?
Insurance coverage in a stolen vehicle accident depends on the types of policies involved. In most cases, your liability insurance will not cover damages caused by the thief, but other forms of coverage may apply:
- Comprehensive coverage: If you have comprehensive insurance, your policy will likely cover repairs or replacement costs for your stolen vehicle.
- The thief’s insurance: If the thief has auto insurance (which is rare), their liability coverage should apply to the accident.
- The victim’s uninsured motorist coverage: If the thief is uninsured, the injured party may have to rely on their own uninsured/underinsured motorist (UM/UIM) coverage.
- Collision coverage: If your vehicle is recovered after an accident, collision insurance may help cover repairs, but this depends on your policy terms.
Insurance claims involving stolen vehicles can be complex and time-sensitive. Car owners must notify their insurer as soon as possible to avoid unnecessary delays or claim denials.
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How Levine and Wiss Can Help if You’re Facing Liability
Even though New York law generally protects car owners from liability in stolen vehicle accidents, insurance companies and victims may still try to hold you responsible. This can be overwhelming, especially when dealing with police reports, insurance investigations, and wrongful claims.
Levine And Wiss has over 100 years of combined experience handling car accident liability disputes. Our legal team can:
- Defend you against wrongful liability claims, ensuring you are not held responsible for an accident you did not cause.
- Handle insurance negotiations, protecting you from bad faith claim denials or low settlement offers.
- Gather evidence proving your car was stolen, such as surveillance footage, police reports, and witness statements.
- Advise you on legal options if an insurance company refuses to honor your policy coverage.
Navigating the legal and insurance process after a stolen vehicle accident can be complicated. Having an experienced attorney on your side can protect your rights and financial well-being.
Speak with a Brooklyn Car Accident Attorney Today
You are not liable if someone steals your car and gets into an accident. If your stolen car was involved in an accident and you are facing insurance complications or false liability claims, legal guidance can make all the difference. New York insurance laws can be complex, and insurers may try to avoid paying legitimate claims.
At Levine And Wiss, we help car owners protect themselves against unfair liability, wrongful accusations, and bad faith insurance practices. Our team is ready to review your case, defend your rights, and ensure that you are not financially responsible for an accident you did not cause. Contact us today for a free consultation and let us fight for your rights.
