Legal Question in Insurance Law in California
Liability
I was involved in an auto accident and still waiting for the police report. The other vehicle was stolen later that day. Do I still have any liability towards the other party since no estitmate of repairs were made before vehicle was stolen? If vehicle is recovered and accident is determined my fault how is repairs responsibility of repairs determined? Thank You!
1 Answer from Attorneys
Re: Liability
Normally, you would only be responsible for the damage you caused. The intervening theft of the car will make it harder to prove how much damage this was, but the principle is the same as it would be if the car had not been stolen. The other party has the burden of proving both that you are responsible and the extent of the damage.
However, if the theft was an indirect result of an accident you caused (as, for example, if you made it impossible for the owner to lock his doors), then you may be at least partially responsible for the theft as well.
Normally, the intervening criminal act of a third party would prevent any further liability to you, but depending upon the specific facts of the case there could conceivably be a reason to hold you responsible for the theft.
You should immediately contact your auto insurance company and tell them what is going on.
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