Legal Question in Insurance Law in California

Stolen vehicle

My car was stolen last year. I reported to the police ,car had lojack, police persuited the robbers, but they got involved in an accident.My was totaled. Now, one of the third party people is suing me. My insurance company told me that they would get their lawyer to represent me; however, they told me that my policy conver 15000.00 and 30000.00. i told them that my car was stolen and why should i be responsible for the medical expenses or damages to the third party people. They told me that a judy may see things different. What should i do?


Asked on 7/30/08, 10:16 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Stolen vehicle

You should let the lawyers hired by the insurance company defend you. They will probably be able to settle the case within your policy limits or get it dismissed outright. There is a chance you will go to trial and be hit with a judgment in excess of your policy limits, but that seems unlikely based upon the facts you have provided.

If this happens -- and if the judgment is not overturned on appeal -- you will have to pay the excess. There is nothing you can do to change that fact at this point; it is simply a consequence of your decision not to buy more insurance. Even if you had bought a bigger policy, though, there would be a chance that a jury would award more than the policy limits and that you would have to pay the rest.

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Answered on 7/30/08, 2:43 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Stolen vehicle

Before time passes, make sure to save any receipts, credit card statements, cell phone bills, etc., that show that you might have been elsewhere when the car was stolen. Perhaps you dined in or flew to another city, or purchased an item far away from where the collision occurred.

Since it appears that the police arrested the robbers, I'm not sure a jury could hold you liable unless there's a connection but, as Mr. Hoffman says, you never know. Good luck!

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Answered on 7/30/08, 3:17 pm


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