Permissive Use of a Car

A car blew through a stop sign and struck me. Police came to the scene of the accident. I learned from the police that the car that struck me was stolen. Can I sue anyone for my injuries?

Yes, you have multiple claims. But part of your claims may come down to important facts about the stolen car.

If police told you that the car was stolen, I will assume the vehicle was already reported stolen at the time of the accident. You can probably infer the car owner did not know the car operator. Normally, this means the car owner would not be responsible for the accident. As discussed in a prior post, owners are only responsible for the acts of drivers to whom permission is given. If the car owner reported his car stolen, there is little chance the car owner lived with or knew the car driver.

Owner’s Duty

However, there is still a chance the car owner would be responsible for this accident. The central issue is the manner in which the car thief seized control of the car. The car owner must turn off his engine and remove the car keys from the vehicle when he parks. NY Vehicle and Traffic Law section 1210. Thus if the car thief stole the car with the keys in the ignition(whether the car was running or not), then the owner is responsible. But if the owner removed the keys from the ignition, but hid them in the car out of sight, the owner probably is not responsible. NY Vehicle and Traffic Law section 1210.

If there is no way to hold the owner responsible for the accident, then you can make a claim through your “uninsured motorist” endorsement of your car insurance. NY Insurance Law section 3420(f)(1). The uninsured motorist endorsement covers you for personal injuries sustained when the offending vehicle is uninsured.

The last (and least likely) means for recovery would be to sue the car thief. However, since that person is stealing cars, the chances of recovery are quite dim.

By James Santner, Esq.

If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.