Stolen cars are a common occurrence in Florida. There were around 46,213 vehicle thefts in the Sunshine State in 2023. It can be stressful and scary if your car gets stolen, especially if you discover it’s been involved in an accident.
Maybe you’ve been involved in a car accident where the other car was stolen. Perhaps your vehicle was stolen and was then part of a car accident. Regardless of the details, you may be wondering what happens if one of the drivers is in possession of a stolen vehicle.
This blog will discuss what happens if a car crash is caused by a stolen vehicle. We’ll talk about car accident liability and the legal steps everyone needs to take to ensure they’re protected.
What Happens if a Car Accident Was Caused by a Stolen Vehicle?
Florida law states that vehicle owners are responsible for injuries caused to others due to the negligent operation of the car. This is called imputed or “vicarious” liability.
For example, imagine that you let someone else borrow your car and they caused a crash because they were driving negligently. As the car owner, you’re equally responsible for the damages. Your insurance company and the driver’s insurer will cover you both.
You may think that if your car was stolen and it was involved in an accident, you wouldn’t be held liable because you didn’t knowingly let the other driver use your car. However, that’s not always the case.
Your liability may get waived because you didn’t grant permission to the driver. You’re responsible for damages if the driver was operating your vehicle with implied or actual permission.
Accident victims and their insurance companies may argue that you were negligent in different ways. For example, they may say that leaving your keys in your car was careless.
Report That Your Car Was Stolen
You need to report your stolen car to law enforcement within a reasonable amount of time. It’s recommended to file your report within 24 hours with the police and your insurance company. Doing so right away alleviates your responsibility in the event of an unfortunate circumstance.
You’ll need to make sure you have the following information when creating the report:
- Year, make, and model of your vehicle
- License plate information
- Vehicle identification number (VIN)
- The last known location of your car
Let the police know if your vehicle has a tracking device on it. Keep in mind that you need to be confident that your car was stolen before filing a report. You don’t want to get in trouble for filing a false claim.
Verification of Theft
Your liability as a car owner may be waived if the vehicle was legitimately stolen. You must have never given the negligent driver permission to drive your car to not be held liable for damages caused by the crash.
Access of Keys
As we mentioned, leaving your keys in your car could be viewed as a negligent action on your part. It’s important to consider who has access to your car keys.
You could be held liable for damages if you don’t secure your car keys and leave them accessible in your home where there are other of-age drivers. Leaving your keys out gives them implicit permission to use your vehicle. While you may not have given them actual permission at the moment, it can be a challenge to prove they “stole” your vehicle in cases like this.
Frequently Asked Questions
Car accidents involving a stolen vehicle can be convoluted and complicated. Who is at fault for damages isn’t always straightforward. Many questions may pop up in your mind when dealing with this type of claim.
Am I Liable if I Get Into an Accident With a Stolen Car?
Whoever the negligent driver is in a car accident is the one who’s liable for a car accident. That can either be you or the driver of the stolen car.
What Is the Dangerous Instrumentality Doctrine?
The Dangerous Instrumentality Doctrine is a Florida law that states that the owner of a dangerous tool is liable for injuries caused by the tool’s operation. Many people may not consider a car to be a tool, but it falls under that category for this law.
What if the Other Driver Is in Possession of a Stolen Vehicle and Leaves the Scene?
Leaving the scene of a car accident isn’t a good move whether the other driver is operating their vehicle or a stolen one. This is considered to be a hit-and-run and is a criminal offense.
It’s not unusual for an individual to leave the scene of an accident if they’re driving a stolen car. They may choose to do so to avoid getting arrested for stealing the vehicle.
Who Is the Liable Party?
The victims of a car accident can seek damages from the negligent driver’s insurance company. The owner of the car can file a claim with the negligent driver’s insurance company if their vehicle was damaged during the accident.
In many cases, the thief can sometimes have no car insurance or be underinsured. The parties involved will have to pursue damages from their own insurance companies. Most drivers carry liability coverage, which could help in these types of car accidents.
Liability insurance can also sometimes include underinsured/uninsured coverage. This can provide you with coverage if someone causes you injuries, but their insurance won’t cover all the costs.
Get Legal Help if You’ve Been Involved in a Stolen Vehicle Crash
It can be challenging to figure out who’s liable in an accident when one party is in possession of a stolen vehicle. At the end of the day, the negligent driver who caused the accident is the one who is at fault. However, working with an experienced car accident attorney can help protect your rights.
Our team at RHINO Lawyers is here to guide you through the car accident legal steps. We have experience working with clients who have filed stolen car accident claims. Reach out to our office to schedule a consultation.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
