Car totaled by driver in stolen car. Who is responsible to pay?
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My car was totaled by a driver in a stolen car who fled the scene, is the insurance company of the owner of the stolen car liable?
Asked February 4, 2019
If your car was totaled by a driver in a stolen car, there are several factors to consider when determining who is responsible to pay for the damages. Here are a few key points:
- Insurance: If you have insurance on your car, you should file a claim with your insurance company as soon as possible. Depending on the terms of your policy, your insurance company may cover the cost of the damages, up to the limits of your coverage. If you have collision coverage, it may also cover the cost of a rental car while your car is being repaired or replaced. However, if you only have liability coverage, it may not cover the damages to your car.
- At-fault driver: If the driver of the stolen car was caught and is known, they may be held responsible for the damages. However, if they were not caught, or if they do not have insurance or assets to pay for the damages, it may be difficult to recover the costs.
- Uninsured Motorist Coverage: If the at-fault driver is unknown or has no insurance or assets to pay for the damages, you may be able to use your uninsured motorist coverage (if you have it) to cover the cost of the damages. Uninsured motorist coverage is an optional type of insurance that can help cover the costs of damages caused by a driver who does not have insurance or who cannot be identified.
- Legal Action: If you cannot recover the costs of the damages through insurance or other means, you may need to consider legal action. This could involve suing the at-fault driver (if they are identified) or the owner of the stolen car (if they allowed the driver to use their car without permission).
Answered February 5, 2019 by teddyx