What to do if Iwas rear-ended by a truck that was stolen?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if Iwas rear-ended by a truck that was stolen?
I live in MA; truck registered in NH. The owner’s insurer told me they are not responsible because the truck was reported stolen 30 minutes after I was backboarded. i went to the hospital.
Asked on September 19, 2011 under Accident Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If the truck was truly stolen (e.g. the facts as reported by the insurer are true and can be corrobarated), then the truck's insurer would not be responsible for the accident; and the truck's owner would not be responsible personally unless you can show the he was implicated in the theft (e.g. that he hired someone to steal the truck to commit insurance fraud). The simple fact is, owner and insurer are generally not responsible for accidents involving a stolen vehicle.
You could try to sue whomever stole the truck, but since vehicle thieves often have little income or assets--and would not be covered by insurance during the course of their theft--this may not help; you could win the lawsuit but be unable to recover anything. This may, unfortunately, be a case where the victim does not have any effective recourse.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.