What to do if my car was hit by a car that was stolen?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my car was hit by a car that was stolen?
The car thief hit my car during his run from the police. The car’s owner is a rental car company and the car was stolen from the renter. Can I sue the rental car company or the renter to recover my damages?
Asked on September 16, 2012 under Accident Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, you almost certainly can not sue the rental car company or the renter: a person (or business) is not responsible (so, not liable) for the criminal actions of third parties conducted without his, her, or its approval. Just as you would not be liable if a thief stole your car and hit someone else, so the owner and authorized driver of this car are not liable for what the thief did to you. Liability in a case like this depends on fault: if the car is stolen from somone, that person is not at fault.
(Obviously, if you can show that someone actually was involved in the theft--for example, that the car was stolen by a rental car company employee, using a spare key; or the alleged "thief" was actually a drunk friend of the renter, whom he allowed to use the car--then you can hold that person liable.)
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.