What to do if my car waslegally parked in the street and was hit by an employee of a management company who decided to take the company truck for a joyride?
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What to do if my car waslegally parked in the street and was hit by an employee of a management company who decided to take the company truck for a joyride?
The driver ended up damaging 7 cars total. My car was totaled. The police were called and a report was written. I only have liability insurance therefore I had to make the claim against their insurance company on my own. I recently received a letter from the insurance company that the truck was stolen from them by the driver and any accident caused is not their fault therefore they will not pay. Are they right? What else can I do now?
Asked on April 16, 2013 under Accident Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If the truck was in fact stolen, the insurer and the company would not be liable; a person or business is not responsible for the criminal acts of another person committed without authorization. That said, you don't have to take them at their word: you can sue the company, because it was there vehicle and employee, and force them to prove that the truck was stolen, etc. You could also sue the employee/driver directly.
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