by nhldevil » Tue Dec 11, 2007 06:24 pm
Help!!! I was hit by a stolen vehicle and the driver fled leaving a full set of keys behind in the ignition. i had just canceled my collision coverage7 days before and now the stolen car insurance company say they are not going to pay to repair my car. is this correct?
Posted: Wed Dec 12, 2007 06:29 am Post Subject:
Welcome nhldevil, to ampminsure. What the other driver's insurance company had told you is partially correct. They may not cover the losses because a theft is considered as the ‘non-permissive use' of the vehicle. Therefore, the owner can't be blamed for the damages caused by the non-permissive driver.
However, there is a catch, some jurisdiction may declare the car owner responsible for the losses if it is proved that he was negligent on his/her part, like- leaving the car doors unlocked or leaving the keys behind, and thus failed to prevent the theft. Then the car owner's insurance may cover your losses.
Anyways, these are mere guesses. Please help us with the detail description of the incident, so that we can become more precise with the answers. Also mention your state of residence.
Rupert
Posted: Wed Dec 12, 2007 07:14 am Post Subject:
Yea, the detail of the occurrence is very important. Is there a chance for you to get-hold of the police report?
In most cases, your chances of getting coverages from the other driver's insurance stand slim when the car is stolen. If you have had the collision coverage on your car that might have covered you in such instances, but that also seems to be a remote possibility for you.
Well, this community involves some experts in auto insurance, let's hope that they will bring some good-news to you. Thanks to all.
Cold-blizzard
Posted: Wed Dec 12, 2007 07:43 am Post Subject:
Hey, did the driver hit you at the act of escaping? Or was being chased by the police at that time? You haven't mentioned anything about the event. As the other posters have already mentioned that there is a dearth of information in your post. Try to elaborate it little more.
About the other party's carrier…I guess they are right. Therefore, we need to find out some other avenues for which the information are required.
Posted: Wed Dec 12, 2007 10:35 am Post Subject:
Good morning nhldevil and welcome to the community....
Unfortunately (for you) yes, this is correct....
the stolen car insurance company say they are not going to pay to repair my car. is this correct?
Try and think of it like this, someone steals your car, and hits 100 cars, killing 200 people...are YOU responsible for that behavior? Of course not....same with this....The owner of the vehicle if they have comprehensive coverage will get their vehicle taken care of under that coverage, but their policy will not cover any damage resulting from the theft. Insurance companies do not insure theives, (well knowingly anyway :roll: ).... I think your only avenue of relief (since you dropped collision coverage) would be to IMMEDIATELY contact your city's prosecutor, or victim advocate, and request that your damages be considered if and when the thief is caught and sentenced. I've seen this work out, where the bad guy's probation has the stipulation or condition that all damages must be paid to the innocent before he/she has fulfilled their probation (or can get released from probation).....sorry but that's the only light I can see... :( I'm so sorry that you dropped that collision coverage!Posted: Wed Dec 12, 2007 02:30 pm Post Subject:
Thanks to all who responded.
As far as the collision it happened in connecticut,the driver was trying to get away from an accident where he or she hit 2 other cars,lost controll and slammed into me.they then took off and drove another 100 yards into a stone wall and could not move anymore.the driver ran away on foot and was not captured.this happened at 7:20 pm.the police say the car was reported stolenat 9:30 pm.a full set of keys were in the ignition wthe police arrived at the scene.
i am picking up the stolen vehicle report today from another town where it was reported stolen.
is this enough info? thanks again
Posted: Thu Dec 13, 2007 11:21 am Post Subject:
Hi! I would rather agree with Lori, sorry that you have dropped your collision coverage before the unfortunate event. Well, the luck simply doesn't work out in our favor always.
this happened at 7:20 pm.the police say the car was reported stolenat 9:30 pm.
Sure...importance reduces.....as this may be looked upon by the police as a cooked up thing....whats your opinion, Lori?
Posted: Thu Dec 13, 2007 01:02 pm Post Subject:
Some states and companys have rules about there having to have been a 'break in' even in car theft....Unfortunately for our poster however, if it were a cooked up thing he would still be out of luck, as the auto policy would exclude any and all intentional acts..however, it would not obsolve them from the legal aspect and my comments about the 'conditions of probation' etc.
Were I you OP i would stay on top of this by contacting the investigating agency every couple of weeks to see if the theif has been captured as i think this is probably your only avenue of recovery at this point...
One other thing (albeit small) you might check on with your accountant or whomever does your taxes...some uncovered losses are tax deductible, now i'm not sure about auto losses i know some homeowner and of course health losses are...doesn't cost anything to find out...irs probably has a faq on their website, or even a place to post questions...
so sorry op wish i had better idea/news for you...but do stay on top of it...
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