Expert: Richard Hixenbaugh - 10/21/2009

Question
I was involved in a collision with a stolen car in California.  The driver of the stolen car ran a stop sign and fled the scene.  The driver and passenger had sustained injuries, were recovered, identified and booked.  There were open containers of alcohol and marijuana in the car.  The car was rental car stolen in Las Vegas.  

Per the local police the charges were dropped here in California because the car was stolen in Nevada.  I followed up with the Las Vegas police who informed me the charges were dropped there because the renter of the car did not follow up on the incident.

I had only limited liability at the time of the accident and I cannot go after restitution because the charges were dropped; can I pursue settlement from the insurance policy on the car at the time of the accident?

Answer
Hi Chris,

Unfortunately, no. Neither the rental company nor the person who rented the car caused the damage to your car. In order to get the insurance to pay, you must prove negligence. In any situation where a vehicle is stolen and involved in in an accident, the vehicle owner or his insurance company is not responsible for the damage caused.

The only thing you can do would be to file suit against the driver that hit your car.

I hope this helps
Richard Hixenbaugh