Car Ownership Liability

Car Ownership Liability

This is a discussion on Car Ownership Liability within the Off Topic & Humor Discussion forums, part of the The Back Porch category; Alright.. its kinda far fetched but I was just wondering... I know someone who got themselves into a jam with a car. A couple of ...

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  1. #1
    Member Array CelticWolf's Avatar
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    Car Ownership Liability

    Alright.. its kinda far fetched but I was just wondering...
    I know someone who got themselves into a jam with a car.

    A couple of years ago they owned a car and did'nt have insurance on it. It was stolen. the thieves who stole it got into an accident. She filed a police report the second she seen it gone. Now the people who got hit by her car are sue'n her for a whole bunch of money. is she liable for their damages?

    i know its not a legal advice forum but thought it might make for a good thread. imo...
    Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about seeking whom he may devour. 1 Peter 5:8


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  2. #2
    VIP Member Array raevan's Avatar
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    I doubt it, chances are even if she had insurance it wouldn't have covered the thief. To me that is the same as if someone stole a sharp knife out of your kitchen and cut themselves later, trying sue you because it was sharp.

  3. #3
    Member Array CelticWolf's Avatar
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    BUT... if someone steals one of your guns and shoots someone... are you not liable?
    Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about seeking whom he may devour. 1 Peter 5:8


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    Ron
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    The answer is no.You are liable only if the person was using your car with your consent. There may be exceptions by either statute or case law in some states if your car was stolen because you were grossly negligent. But, in general the answer is no, you would have no liability.

    Ron
    "It does not do to leave a dragon out of your calculations, if you live near him."

    J. R. R. Tolkien

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    Member Array pistola's Avatar
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    Question Hmmm.

    If the keys were left in the car by the owner,that could be seen as negligence.All depends on the circumstances and who has the slickest lawyer.
    U.S. Army Veteran

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    The morally correct answer would be "no". However, if it goes to a trial it's up to the jury as to her liability.
    eschew obfuscation

    The only thing that stops bad guys with guns is good guys with guns. SgtD

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    Senior Member Array MR D's Avatar
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    Quote Originally Posted by CopperKnight View Post
    The morally correct answer would be "no". However, if it goes to a trial it's up to the jury as to her liability.
    and the facts of the case....

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    Based on this http://www.defensivecarry.com/vbulle...r-payouts.html she is in deep doo doo.

    We need to pass a law that says that you are not liable if someone commits a criminal act.
    Preparing for the Zombie Apocalypse or Rapture....whichever comes first.

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    Ron
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    Quote Originally Posted by exactlymypoint View Post
    Based on this http://www.defensivecarry.com/vbulle...r-payouts.html she is in deep doo doo.

    We need to pass a law that says that you are not liable if someone commits a criminal act.
    Let me repeat: The owner of an automobile is not liable for injury caused by someone who steals their car, provided the car was not stolen because of their negligence. And this is not what I hope the law is, or what I think the law should be. This is, in fact, what the law is.

    Ron
    "It does not do to leave a dragon out of your calculations, if you live near him."

    J. R. R. Tolkien

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    There must be no fraud

    Quote Originally Posted by Ron View Post
    Let me repeat: The owner of an automobile is not liable for injury caused by someone who steals their car, provided the car was not stolen because of their negligence. And this is not what I hope the law is, or what I think the law should be. This is, in fact, what the law is.

    Ron
    The theft really must have occurred, before the accident, and not be an excuse to get out of liability.

    The part of the original post I found concerning is that the owner had the car without insurance. If I were on the jury, I would want to hear substantial evidence that the "theft" was real, and not something thought up to cover up direct liability for an accident.

    And there are thefts, and thefts. A car stolen by a total stranger is one thing. A situation in which a car is driven allegedly without permission, by someone who previously had access to the car as a friend, ain't going to protect your friend from liability no matter how much they claim theft.

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    Member Array CelticWolf's Avatar
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    Quote Originally Posted by Hopyard View Post
    The theft really must have occurred, before the accident, and not be an excuse to get out of liability.

    The part of the original post I found concerning is that the owner had the car without insurance. If I were on the jury, I would want to hear substantial evidence that the "theft" was real, and not something thought up to cover up direct liability for an accident.

    And there are thefts, and thefts. A car stolen by a total stranger is one thing. A situation in which a car is driven allegedly without permission, by someone who previously had access to the car as a friend, ain't going to protect your friend from liability no matter how much they claim theft.
    Yeah, thats what i was thinkin...

    so they need to have substantial evidence like drilled locks, cracked steering column, ect...
    Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about seeking whom he may devour. 1 Peter 5:8


    http://groups.myspace.com/Concealedcarry

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    Ron
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    [QUOTE=Hopyard;636832]The theft really must have occurred, before the accident, and not be an excuse to get out of liability.

    If I were on the jury, I would want to hear substantial evidence that the "theft" was real, and not something thought up to cover up direct liability for an accident.
    QUOTE]

    I have no quarrel with that.

    Ron
    "It does not do to leave a dragon out of your calculations, if you live near him."

    J. R. R. Tolkien

  13. #13
    VIP Member Array HKinNY's Avatar
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    Ok here my 2 cents. I own a rental company and have more that my share of stolen cars. Once a vehicle is reported stolen the owner and the insurance company that insures the vehicle are off the hook. The lawyers for the other side can try to pull the owner and insurance company into a lawsuit. Hard to make it happen. It is always good to carry un-insured motorist insurance.

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