OT 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!

[redzap78]

Tel your insurance agent to do his job and go after the owner of the car or you will switch insurance companies. A good swift kick in the pants will motivate lazy agents.

[gfretwell]

That is called subrogation and they will not do unless they are on the hook for the money. BTDT. You can still put in a claim against the car insurer. The insurance is on the car, not the driver.

[KenK]

[e-mail] wrote in news: [e-mail]:

Problem is finding that insurance company. Sheriff didn't bother to find out.

I have owner's name and address. VIN, car make and year, license number but no owner's phone number and it isn't listed. I don't know of an on- line database to look up insurance companies by VIN, owner name, license number, or whatever. I was hoping the insurance agent did but if so he didn't respond to my query about one. I very much doubt if a letter to owner would get a response, or if she even understands English.

[Meanie]

Welcome to the biggest scam in the US....insurance.

[Mohammad Zarif Javad]

Maybe the driver had a cellphone with them?

If it's not a burner phone, the police should be able to get the owners name for you...if they can put down their donut for a minute or two.

[dadiOH]

Send a registered letter, return receipt requested...

Estimada senora,

Mi nombre es y la estoy escribiendo acerca de un asunto financiero de mucho importancia. Favor de telefonear me tan rapido como posible por marcar .

Atentamente,

In English...

Dear Madam.

My name is < - > and I am writing you about a very important financial matter. Please call me as soon as possible at .

Sincerely, ___________________________

Assuming she calls, you will have her phone number, assuming your phone will record numbers. Or, you could just go to her house and knock on the door.

[Ed Pawlowski]

Small claims court will get you a judgement for the value, then you go after his assets. You can perhaps get his Black Sabbath t-shirt and a crack pipe.

[philo]

You are right, the mental anguish and your time would make it not worthwhile.

That said, I have insurance only for something major, if I occasionally have a relatively small expense I don't worry about it.

For that reason, after I did the math I dropped dental insurance entirely, many years ago.

[trader_4]

He could do that, but how much effort would you, as an insurance company put into trying to possibly recover a small sum from the owner of the car? I think you'd have to prove that the owner was negligent in some fashion to win. If the car was parked, locked and stolen, the owner is not responsible for what some thief does. So, pushing forward on a claim with his homeowner's, they will quickly pay the full claim, minus the deductible. It's unlikely they will recover from the owner's insurance company. To find out, he'll have to file his claim, which may result in having his rates go up for a relatively inexpensive repair. My solution to this is to have a $1K or $2K deductible. You save money each year by self-insuring small claims, don't have to file and deal with the insurance people for something like this.

[trader_4]

I think with some research you will find out that what your insurance company told you is generally true. The owner is not responsible if their car is stolen, unless you can show negligence. If for example the person who stole it took it because the owner left the keys in it, or really gave them the keys, etc, then you have a case. Otherwise, you don't.

Put the shoe on the other foot. If someone broke into your house, stole your car, and did $100K of damage, do you think you should be responsible for covering it, when you did nothing wrong?

[gfretwell]

He can still file a claim against the car insurance for 100% reimbursement. The insurance follows the car, no matter who is driving it. If they don't have insurance, get the cops involved, that is a crime in most states.

[trader_4]

Except that in this case, from the facts so far, the owner of the car didn't do anything wrong and hence isn't liable. If someone broke into your house, stole your car and did $100K in damage, would you think you should be responsible? Now, if it turns out the person who "stole" it lives there, was allowed to drive it, or the owner negligently left the keys in it, then you'd have a case.

[trader_4]

That is true if you lend your car to someone. It's true if you negligently allowed it to be stolen, maybe by leaving the keys in it at a convenience store with the engine running. But it's not true if you have your car properly parked, locked up and some thief steals it. What his insurance company told him is basically correct, unless he can show additional factors, and good luck establishing that.

[gfretwell]

You better talk to your insurance agent about that. The insurance is on the car, not the driver and it follows the car (at least in any state I have ever been in). The OP's car insurance agent should be able to turn a VIN or tag number into a policy and company number (as a favor). If not, contact the police. It will be in the DMV records and the OP says he has a report.

[AL]

Possibly neither borrowed or stolen. If the driver was the owner, he likely left the scene and later falsely reported his car stolen to avoid being charged for the accident and (likely) driving while intoxicated. Happens all the time.

[gfretwell]

That is why insurance follows the car.

[John Albert]

From back in the days of my law training, the rule about insurance was that the insurer (the insurance company) is only obligated to pay if -you- (the insuree) are obligated to pay...

[Ed Pawlowski]

Makes sense. If you steal my hammer and use it to break windows I have no liability. Car stolen should follow the same logic.

[gfretwell]

He said the keys were in the car.