Personal Injury Blog



iStock 000006962370 ExtraSmallCar accidents are an unfortunate happening in our busy society. Any car accident can quickly become a burden, but what happens when your car was stolen and then involved in an auto accident? You were not involved in the situation, and yet you may have many different questions causing you anxiety. How did this happen? Am I liable? Does my insurance policy cover this situation? How can I keep my car safe in the future? Do I need a personal injury attorney? All of these questions are answered in the sections below.

In the shortest answer possible, you are not liable; however, certain conditions may apply regarding your policy. The driver of the vehicle has specific responsibilities during normal, daily situations as well as during the event in which your vehicle is stolen, and one of those responsibilities is to understand the Dangerous Instrumentality Doctrine. Knowing your liability, insurance policy, and how to keep your vehicle safe are all ways which you can protect yourself in an event similar to this one. You deserve the closure that comes with knowing you, your loved ones, and your vehicle are safe and protected. Safeguarding your vehicle is safeguarding your life, situation, and wallet.

Responsibility of the Driver

As a driver, you have the responsibility not only to the drivers around you, but also to your car. While driving, it is your responsibility to drive safely to keep the road safe. It is also your responsibility to keep your car in a condition safe enough to drive. Among these responsibilities, you have one other: to report your stolen vehicle to the police. You are not alone in the unfortunate event in which your car is stolen. In the event, immediately call the police, and tell them the year, make, and model of the car as well as the time, date, and location of the last sighting, as well as the license plate number. Write down your report number and call your insurance company. Give them your report number and explain the details. The third phone call should be to your personal injury attorney so they may prepare for the future case against the thief. Be sure you are in a safe environment during the phone calls.

The Dangerous Instrumentality Doctrine

The Dangerous Instrumentality Doctrine is a doctrine of Florida law stating that you, as the owner of a vehicle, have a responsibility to make responsible and safe decisions about your car, the dangerous instrument, and are liable for damages if you do not make such decisions. Aside from the responsibilities listed in the previous section, you have the freedom to loan your car to whomever you wish; however, if the car is involved in an auto accident after you gave expressed permission to the driver, then you are liable. It is thus your duty to ensure that whoever drives your car is a safe driver.

Liability

In the state of Florida, if your vehicle is stolen and involved in an auto accident, you are not liable. The key word here is “stolen.” According to the Dangerous Instrumentality Doctrine, you are liable if you gave expressed permission and the driver is involved in an accident. Your liability is thus dependent on whether or not you gave expressed permission, and theft implies that no expressed permission was given. However, you will need to invest in a specific type of insurance that covers the events that are not related to the accident. Thus, in shorter terms, if your car was stolen and involved in an auto accident and you have coverage, you have nothing to worry about. The details of this specific insurance are explained in the next section.

Your Insurance Policy

When buying insurance for your vehicle, be sure to purchase comprehensive coverage. Comprehensive coverage is a specific type of insurance that covers incidents that are not caused by an accident. Examples are types of weather such as hail, damage to your vehicle caused by animals, and even theft. Sometimes coverage for fire is also included. Speak with your insurance agent to specify what your car is actually covered for, and look into purchasing comprehensive coverage if you do not already have it. Ask about the specific details of your own policy, and write down the highlights so you can keep it in a safe place and return to it when you have questions. But of course, there are other ways to keep your vehicle safe as well that do not involve simply insurance.

Keeping Your Vehicle Safe

Keeping your vehicle safe at all times is the first way to prepare and prevent your vehicle from getting stolen. While many newer cars are stolen for their worth and older cars are stolen for the worth of their parts, any car is vulnerable to theft if they are simply in the wrong place at the wrong time. There are many ways of keeping your car safe, and while they do not guarantee that your car will never be stolen, it decreases the chance and risk of your car becoming a product of theft.

Upon buying your car or making the initial decision to protect your property, immediately install a security system. If a robber attempts to steal your car, they may become startled by the alarm and will more likely run away and leave your car alone.

Try to avoid unsavory areas or places that are high in crime or auto theft. Park in areas with much lighting and space, and do not leave your car for longer than necessary, such as the parking lot of a bar. If you plan on drinking, have someone else drive you in a different car and plan to have the same ride back. A designated driver or a taxi is better than driving drunk or leaving your car in a vulnerable area.

Park your car in your garage. In your garage, if you have the space, your car will be protected and shielded without public access. Your busy life will not allow you to constantly watch over your car, but your garage can become a secure structure for your property.

Buy theft insurance earlier than necessary. You never know if or when your car may be stolen, so it is best to invest in insurance before it is needed so you have the peace of mind later.

Cars are just material objects that transport you from one responsibility of existence to another. It can be quite bothersome, however, when your car has been stolen and subsequently wrecked by the thief. By combining and keeping in mind all of the information described in the previous sections, you can keep you and your car safe for the future. The future is an intimidating time frame, but what is certain is that you are much more prepared to take on the future with your strategy and your knowledge. Always remember that if your car gets stolen, the first three numbers to call are the police, your insurance company, and a personal injury attorney. Be sure you are in a safe area when you make these calls. Discuss with your insurance company exactly how your specific policy will handle this. Call any time, even now, to prepare for the possible future. Ask the specifics of your policy and if you are covered from theft, among any other possible situations such as hail or flood. Ask your personal injury attorney about the legalities of your specific situation, and be sure to tell the police not only the make, model, and year of your car, but also the time and location of your last observance of it. Security is available to you with this information.

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