Liability in Stolen Car Accidents in Florida

If someone has suffered serious injuries in an auto accident in Florida, one of the most devastating things to learn is that the at-fault driver was driving a stolen car. Stolen car accidents in Florida can make the process of getting compensation very complex because it’s not clear who may be liable for the losses.

You may wonder whether you are liable as the owner of the vehicle. Because Florida is a no-fault state and all drivers are required to carry personal injury protection (PIP) insurance, the injured party can file a claim against their own PIP. If their losses surpass what the insurance covers, they may be able to file a claim against your insurance, even if you weren’t driving the car.

In this article by top rated Fort Lauderdale auto accident attorney Aaron Silvers, we take a closer look at why stolen car accidents in Florida are so complicated — and what your next steps should be if someone crashes after stealing your vehicle.

The First Thing You Should Do

The first step you should take if your car is stolen is to let the police know. The moment you realize it’s gone, make that call. You will need to provide the car’s license plate number, its make and model, and the date, time, and location of where you saw it last.

The police officer you speak with will give you a report number that you will likely need when speaking with your insurance company. That call should be next. Let your insurer know that the vehicle was stolen and that you’ve reported it to the police, and make sure to give them the police report number.

Are You Liable if Someone Steals Your Car and Crashes It in Florida?

If a stolen car causes an accident, Florida law states that the owner could be liable for the losses because of vicarious liability. Florida also has a dangerous instrumentality doctrine, which states that the owner of a dangerous tool is liable for the injuries that the tool causes. Legally, motor vehicles are considered dangerous tools. 

Both vicarious liability and dangerous instrumentality doctrines apply when the owner of the vehicle gives their consent for someone else to drive the car. This means that if a person takes your car without your consent, even if it’s not considered a criminal theft, you may not be liable.

The problem, however, is that the idea of consent is muddy when it comes to vehicles. For example, if you lend your car to a friend for only a day but they keep it for two, you can be liable for any accidents they cause on that second day even though they didn’t actually have permission to use the vehicle at that time.

Similarly, if you have previously allowed someone to use your car, implied permission may also apply, meaning you would be liable in those circumstances. Additionally, if you leave your keys in the ignition of an unlocked car and someone steals the vehicle, you could be considered liable because you were negligent with a dangerous tool.

Insurance and Covering the Costs of Accidents Involving Stolen Vehicles

It can be difficult to understand how to receive the compensation you need for your losses when it comes to collisions involving stolen vehicles. A significant factor is the kind of insurance that all parties involved have and what that insurance will cover.

The first option is always to target the insurance of the person who stole the car (if by chance they didn’t happen to flee the scene, which is often the case.) As the car owner, you can file against their insurance for property damage, while the victim can file for personal injuries and property damage. It’s possible, however, that the person who stole the car doesn’t have any type of insurance.

The next option is to file a claim against your own insurance. One of the problems with this approach is that liability insurance generally won’t cover theft-related accidents, so the victim could end up not being able to receive assistance. If you have comprehensive insurance, it can pay for car repairs, but there may be coverage gaps.

To address these gaps, it’s important to be proactive and assess your risk. Consider adding further coverage so that if a theft occurs, you’re covered.

Hit-and-Run Stolen Car Crashes in Florida

The situation can be even more complicated when stolen car accidents in Florida involve a hit-and-run. Hit-and-run collisions are challenging to resolve even without the complication of a stolen vehicle because there are limited options for those who have suffered serious injuries. As the car’s owner, you can also face significant obstacles in filing a claim.

The victim of the collision can file against their underinsured or uninsured coverage if the thief isn’t caught. In serious accidents, however, that might not be enough to recover their losses. In that case, they should consult with the skilled Fort Lauderdale personal injury lawyers at Schilling & Silvers Personal Injury & Car Accident Lawyers to see if they have further options.

For the car owner, filing a claim against your collision or comprehensive insurance can be the way to recover your losses if the thief isn’t found. If the thief is caught, then the victim of the injuries, as well as the car owner, can proceed as normal with a claim or lawsuit.

Top-Rated Fort Lauderdale Auto Accident Attorneys

Dealing with the aftermath of an accident that someone else caused while driving your vehicle can be highly stressful. Florida is particularly strict about holding car owners liable for the losses that their vehicles cause, whether they were behind the wheel or not.

If your car was stolen and later involved in a crash, having an experienced attorney by your side is essential. At Schilling & Silvers Personal Injury and Car Accident Lawyers, our skilled team can help you understand whether you can be held liable and what steps you can take to recover the losses you may have sustained.

Contact us to schedule a free consultation with one of our Fort Lauderdale car accident lawyers and explore your legal options today.