If someone steals your car and is in an accident, you are probably not liable for the resulting damages. New York operates on no-fault law, so each involved party’s own insurance will pay for their losses. However, if their losses exceed the policy limits, they might try to pursue the other party’s insurer for additional compensation.
In that case, you must have evidence to prove that the person who stole your car committed such a crime, and they, in turn, are responsible. Proving this fact may be difficult on your own, but you can leave it to one of our lawyers at the Law Office of Cohen & Jaffe, LLP to take on your case for you.
How New York’s No-Fault System Works
In New York, if you permit someone else to drive your vehicle, in most cases, your insurance policy will cover damages such as medical expenses and lost wages in the event that the borrower of your vehicle is in an accident.
Per the New York State Department of Financial Services (NYSDFS), because New York is a no-fault state, your insurance will cover the car accident no matter who is at fault. However, be aware that your insurance may not cover everything, and you may have to pay for some damages out of pocket. This is why it’s important to contact an attorney who can help you understand your legal options when facing the impacts of a stolen vehicle. An insurance company is committed to protecting its own best interests, not the best interests of the car owner. A car crash can result in severe injuries and damages, so it’s important to understand how auto insurance will operate in your claim. At the Law Office of Cohen & Jaffe, LLP we will thoroughly investigate the accident, the other vehicle, and the other parties involved to have the best chance of protecting you from being held unfairly responsible for the accident.
The Person Responsible for the Car Theft Will Typically Be Responsible for Damages
If someone does not have permission to use your vehicle, it’s possible that your insurance will not cover damages that result from an accident. As such, it can be especially difficult to establish whether or not the driver actually had permission.
However, if you can prove that your vehicle was stolen, you generally are not liable for any injuries or damages that the thief causes while driving your car. In these instances, theft implies that no permission was given. Be sure to review your insurance policy, as certain conditions may apply regarding different users of your vehicle.
The Drivers’ Responsibilities
If you operate a vehicle on New York’s roadways, you have a duty of care to drive your vehicle to keep other drivers safe and to keep and maintain your vehicle so that it can be safely operated. That’s why if your vehicle is stolen, you should immediately report the theft to law enforcement.
Most insurance companies will not honor a theft claim unless you’ve already filed a police report. Thus, after calling the police, you should also be sure to contact an attorney so that they can guide you through reporting the incident to your insurance company.
You Might Be Liable in Certain Circumstances
It’s important to note that if you leave your car unattended and vulnerable to theft, you may be liable for damages that the thief causes. For example, if you leave your car unlocked with the keys in the ignition while you run into the gas station, someone steals your vehicle while you’re inside, and the thief causes an accident, you may be liable for any damages that result.
Recovering Compensation for a Stolen and Damaged Car
Discovering that your car has been stolen and then damaged in an accident is undoubtedly distressing. However, navigating the process of recovering compensation in New York involves several steps and considerations.
Insurance Coverage
In New York, there are different types of coverage, including:
- Collision Coverage: This pays for damages from accidents, even if it’s your fault. If the stolen car is in a collision, this coverage may cover repairs.
- Comprehensive Coverage: This covers damages from non-collision events like theft and vandalism. If your stolen car is damaged, this coverage could help.
- Uninsured Motorist Coverage: This may provide compensation if the thief is uninsured.
- GAP Insurance: If your car is totaled and you owe more than its value, GAP insurance covers the difference.
To get full and fair compensation for any damage your car sustained, it’s important to reach out to the attorney at the Law Office of Cohen & Jaffe, LLP who can help you determine the best path toward maximum compensation.
No-Fault Insurance in New York
As mentioned above, New York follows a no-fault system for car accidents. Your own insurance covers medical expenses and lost wages but not vehicle damage. You’ll need to file a claim against the at-fault party for that.
- Filing a Claim: If the thief has insurance, you can file a claim against their policy. If they are uninsured, turn to your own uninsured motorist coverage.
- Serious Injury Threshold: If the accident caused serious injuries, you might file a personal injury lawsuit. Serious injuries include disfigurement, dismemberment, or non-permanent injuries impacting daily activities.
- Recovering Costs: You should be compensated for all costs related to the accident, like medical bills, lost wages, replacement services, and property damage, including the diminished resale value of your repaired vehicle.
Each case is unique, and the specifics of your insurance policy and the circumstances of the theft and accident will greatly influence your options for recovery. It’s advisable to consult with a legal professional, like those at the Law Office of Cohen & Jaffe, LLP to understand your insurance information and your situation’s best course of action.
What Our New York Car Accident Lawyers Can Do for You
After someone is in an accident when they steal your car, and you possibly face liability, you might want to retain the services of one of our car accident lawyers.
Our attorney can start to build a case, which involves:
- Ordering a copy of the police reports
- Gathering photos of the scene of the accident and where your car was stolen
- Looking over video surveillance footage of the suspect stealing your car and getting into the accident
- Accessing the suspect’s criminal records
- Taking statements from witnesses at the accident scene or where your car was stolen
- Reviewing the involved parties’ insurance policies
- Help you get your car replaced or repaired
- Submit all paperwork by the deadlines enforced by the state
Once we have collected all the evidence that shows what happened, we can dispute your case to show that you were not responsible for the other party’s damages and that you were also a victim of this auto accident.
Contact an Experienced Car Accident Lawyer Today
If someone stole your vehicle and was involved in an accident in New York, we urge you to get in touch with our team as soon as possible. While you likely will not be liable for damages that a thief causes, it is important that you consider having one of our attorneys by your side in the event those injured in the accident file any lawsuits for damages.
Reach out to the Law Office of Cohen & Jaffe, LLP, through our contact form or at (516) 358-6900 for a free consultation. Subscribe to the Law Office of Cohen & Jaffe, LLP YouTube Channel for insightful content that goes beyond legal complexities, empowering you with knowledge and understanding.
