Can I make a claim against citigo gas or the owner?

UPDATED: Sep 30, 2022

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Can I make a claim against citigo gas or the owner?

On January 17 2017 My minivan was stolen from the private gas station lotI had left it to be repaired at the gas station while parked there it was stolen from the parking lot I am not sure if the mechanic did not lock the door but it was a police report was taken at the location, my van still has not been recovered and I only carried liabilty

Asked on April 2, 2017 under Insurance Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you cannot, unless you can show that the gas station participated in the crime in some way (e.g. conspired to have the van stolen and taken to a "chop shop.") Otherwise, person is not responsible for the criminal actions of person B, since B's criminal acts are outside of A's control. If you had theft insurance on the car (e.g. comprehensive coverage), you could claim under it; and that's why people should get such insurance, for cases where is no one to sue. (Theoretically, IF you ever find out who stole the car, you could sue the car thief, but most car thieves don't have the money to pay a judgment, anyway.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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