What to do if my car was stolen from me and then later in the night was involved in a hit and run?
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What to do if my car was stolen from me and then later in the night was involved in a hit and run?
I was asleep and did not know it was stolen until the morning. I don’t have insurance. What do I do to clear up this problem? The insurance people of the car that was hit is mailing me telling me to pay for the accident.
Asked on November 12, 2012 under Accident Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You should retain an attorney to deal with the other party and his or her insurer, since insurers can be difficult to deal with. That said, legally, if the car was stolen from you, you would not be liable for the accident unless--
1) The person who stole it is under your control or a member of your househould (for example, a child);
2) You collaborated in the theft (for example, had the car stolen to submit an insurance claim); or
3) Occasionally, if it can be shown that you were very careless in how you secured the car, and that carelessness led to the theft (for example: left the keys in it).
The issue often is proving to the insurer or other party that you were not involved since the car was stolen; that's where a lawyer can help you.
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