A Thief Crashed My Car. Do I Pay for What They Did?

Permission is the dividing line

Vehicle Code 17150 makes every owner liable for death, injury or property damage caused by the negligent operation of the vehicle by anyone using it with the owner's permission, express or implied. Section 17151 then caps that owner liability at $15,000 for one person's injury or death, $30,000 per accident, and $5,000 for property damage, and says the owner isn't liable for damages meant to punish the driver. A thief isn't driving with your permission, so this owner-liability rule doesn't reach you.

The harder cases involve people you know. A relative or roommate who took the keys without asking may later claim, or be said to have had, implied permission because of how the car was usually shared. That's a question of facts, and it is worth getting advice on if it comes up.

Other ways an owner can be pulled in

Owner liability under the statute isn't the only theory an injured person's lawyer might try. Claims based on an owner's own carelessness are possible in unusual circumstances. If you're served with a claim after a theft, send it to your insurer immediately and let them or a lawyer respond.

What your policy does

• Your car: comprehensive coverage commonly pays for theft and for damage done while the car was stolen, minus your deductible. With liability only, the loss is yours.
• The people the thief hit: your liability coverage is written for you and drivers you allow, not thieves. The injured people may look to the thief and to their own uninsured motorist coverage.
• Getting around: rental reimbursement pays toward a rental while you wait, if you added it.

What to do in the first hours

1. Call the police, report the theft, and get the report number.
2. Report it to your insurer the same day, and tell your lender or leasing company.
3. Have the dealer or a locksmith deprogram any missing keys once the car is recovered.
4. Keep the police report handy; tolls, tickets and camera notices run up during the theft can commonly be disputed with it.
5. If the car turns up in a tow yard, call your insurer before you authorize repairs or leave it there for days, because storage charges add up.

Want comprehensive priced into your policy before it's needed? Get a quote with and without it.