Life is definitely not fair!

[KenK]

A bit less than a month ago a car ran through my yard, knocking dowm a
chainlink fence, damaging a building, etc. I finally got a sheriff report.
Driver unknown. Insurance unknown. Keys were in ignition in car after it
was abandoned in my yard. Car reported stolen hours after 'accident'.

My insurance agent tells me car isurance companies are not responsible for
any damage caused by the insured car if stolen. The car was 2014 Dodge
owned by a Mexican woman so was likely insured because it was ptobably
still being paid for.

Was the car really stolen or 'borrowed' by an acquaintance or child?

So I'm out the repairs - ~$500 - because that is my homeowner's insurance
deductable. It's not worth following up for that much - suing owner,
whatever - I'd probably lose anyway.

Evidently the insurance companies are among the 1%. And I'm definitely not!


--
I love a good meal! That's why I don't cook.

[Bruce Esquibel]

KenK <inv...@invalid.com> wrote:

> My insurance agent tells me car isurance companies are not responsible for
> any damage caused by the insured car if stolen.

If that what the insurance agent said, you need to find a new insurance
company.

The car has to have liability on it, which covers the owner/main driver, if
it's borrowed to a friend, family member or anyone else including a thief.

I think the main problem you have is it's a wash if all you have is $500 in
damages. They won't bother doing a claim if that is your deductable.

You do know you pay that deductable no matter who is at fault or what the
circumstances are, right? They can waive it sometimes, usually if both
parties are insured by the same company and one of the parties are at 100%
fault, but that is a coin-toss decision.

-bruce
b...@ripco.com

[BigDog811]

Don't assume your insurance agent is correct. The fact that the keys were in the car at the scene suggests the owner has some liability, and therefore her liability insurance should reimburse you 100% of your losses. Your homeowner's policy and it's deductible would not come into play.

Regardless of the theft report, the owner has responsibility under the "dangerous instrumentality" doctrine. That means the owner has to take reasonable care to prevent the car from being misused. The presence of the keys is at least prima facie evidence that she's breached her responsibility. They didn't just magically appear. In fact she may have broken the law. The vehicle code in many (most?) states specifically prohibits leaving keys in an unattended vehicle. It's worth checking. And of course just because she reported it stolen doesn't mean she didn't loan it to a friend or family member and is just covering up for them. If it were me I'd file the claim against her insurance company (you can get it from the police report) and see where it goes. Nothing ventured, nothing gained.