Legal Question in Civil Litigation in Louisiana
Auto Theft Liability
My vehicle was stolen last year. During the commission of a theft at a local store, the defendent took my car while fleeing from the police. The defendent pleaded down from carjacking to theft, and is in prison for five years. When he stole my car, he caused numerous auto accidents. I am being sued by one of the victims for medical expenses due to accident. They are claiming I was negligent since I left the keys in my car, although I was standing next to the car getting gas and had no intention of leaving the vehicle. The suit is against me, my insurance company, and the thief. Am I responsible and could I be shown to have responsiblity in her injuries? I have been told that I was not negligent by various attorneys, but this suit was allowed to be filed.
2 Answers from Attorneys
Re: Auto Theft Liability
Anyone can file a suit. Your insurance company owes you a defense, and will pay for an attorney to defend you. My guess is you were not at fault, since you could not have anticipated the thief, but even if you are found to have some fault, the insurance should cover it.
Re: Auto Theft Liability
A person can file a lawsuit about anything. This does not mean that they will win.
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