Legal Question in Insurance Law in Florida

1. By leaving keys and car running I would agree he was careless.

2. Although you make a claim against him & his ins. co. , if a lawsuit is necessary, you would only sue him. His ins. co. would defend him.

The following answer is based on the assumption that this incident occurred in Florida (in other states, the law would differ). You would not be able to sue the insurance company. You could, however, sue the original driver and owner (if someone other than the driver) of the vehicle. Their insurance company would have to pay any judgment against them. You could also sue the thief, but collecting from the thief might be a problem. You should contact the insurance company to see if they will pay without a lawsuit. If not, you will need an attorney.

You can make a claim against the owner and the driver of the vehicle. It is complicated and you really should retain an attorney to assist you. If you had collision coverage, you should let your insurance company take care of the damage and let them collect back your deductible if they pursue the matter.