Is Car Owner Responsible For Accident After Car Stolen

CAR WAS STOLEN IS OWNER RESPONSIBLE FOR CRASH?

The owner is probably not responsible if the stolen vehicle caused a crash.  Under Minnesota law, the owner of the vehicle is responsible for any injuries caused by the operation of the vehicle with the owner’s express or implied permission.  So, if the owner of the car allows a friend or relative to borrow the car and it gets into an accident, the owner is responsible. Therefore, his or her insurance will have to pay for the damage. Our car accident lawyers have handled many cases like that. However, if the vehicle was stolen, there was no permission, so the car owner is usually not responsible for the accident.

Stolen Car in Crash
Stolen Car in Crash

Where the question can get more complicated, is if the owner of the car leaves the car and keys out in a way that it is foreseeable that the car will get taken without express permission.  For example, our lawyers were recently asked about a case in MN where the car was left running with the keys in the ignition while the driver went into a convenience store.  That kind of scenario may happen when it is very cold outside and the driver wants to keep the car warm, or just out of laziness. In that situation, it is possible that the vehicle owner would be found to have given implied permission to the person who stole it.

CAR ACCIDENT INJURY LAWYERS

There are several court cases that have discussed this scenario in different contexts. For example, where the keys are left in the ignition but the vehicle is not running, or where the keys are left on the kitchen counter and a relative takes the vehicle without permission.  There are at least two reported cases in Minnesota that discuss the situation where the car is left unlocked, running with the keys in the ignition in a public place and the car is then stolen. Liability on the owner was found in both cases.

Pam Rochlin and David Rochlin are car accident lawyers with 25 years’ experiencing representing people injured in vehicle crashes throughout MN.  We have represented several people injured in an accident with a stolen car, or where the owner of the car said they did not give permission for the driver to take it. Oftentimes, these cases are complicated and depend on the specific facts of the case.  Please call us and speak with a lawyer about your specific situation.