Expert: Bennie719 - 1/30/2008

Question
Can i be sued in the state of florida for bodily injury if my car was stolen? My car was stolen by someone that was in my house that i did not know. they stole the keys while i was sleeping. i woke up and noticed the car was stolen and called the police. shortly after filing the report the police notified me that the car was involved in an accident and was totaled. now people in the other car are trying to sue me for bodily injury when they hit my car and the person who stole my car fled on foot. the highway patrol faulted my car because the other car hit my car on the passengers front tire. i said if they find out who stole my car i will press charges. can i be sued for bodily injury in this situation?

Answer
Hi Marie,
If you give someone in your household permission to drive your car one or more times and they know where the keys are kept and they at some time take your keys and drive the car without asking, this can be considered 'assumed' or 'implied' consent to drive the car because they have been given permission in the past and know the location of the keys.
Since your statement is that the car was stolen by an unknown party that did not have permission to drive your car, the police will consider it a theft, unless proven otherwise.
You are not financially responsible for damages or injury caused by someone who steals your car.
This fact alone does not stop the injured party from filing a lawsuit against you, but it does mean that they would have no chance of winning the lawsuit.
I hope this has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area