Legal Question in Insurance Law in Pennsylvania

auto accident

My car was hit while legally parked outside my house. The car was totalled. The owner of the car claims someone stole his car while he ran in the house for a minute, leaving it running. However, within one minute of hitting my car he was parking his cart down the street from me. His insurance company says tht if the car was stolen, they are not liable for my damages. Is this true. I live in Philadelphia, Pa.


Asked on 4/23/08, 7:33 pm

1 Answer from Attorneys

Re: auto accident

The other person's insurance company will accept its insured's version, so it is not surprising that they are denying liability based on non-permissive use by the person who "stole" the car. If you have coverage for your damage through your own insurance company, you likely will have to go through your own company initially to get the value of your car (minus your deductible, unfortunately). Your insurance company then can subrogate (go after) the other vehicle's owner and his insurance company for reimbursement of what you were paid plus your deductible. The upside of this is you do not have to pay for the lawyer.

If you do not have property damage coverage through your own insurance company, you can sue the other vehicle owner directly. Unfortunately, you will have to pay your own legal fees and they are not recoverable in the lawsuit.

In the meantime, get as much information about the accident as you can. Any witnesses would be particularly important. If you are going through your own insurance company, make sure you give them all the detail you have about what happened and the timing of the "theft" and "recovery" of the vehicle by its owner.

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Answered on 4/24/08, 11:35 am


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