Auto Insurance Claims: law suit, grasping at straws, mechanic shop

Question
QUESTION: I was doing a favor for my brother and i took his car to the mechanic shop on the way to the shop i stopped off at a 7/11 for a cup of coffee, but like many times before i left the car running with the keys inside when i came out the car was gone, it got stolen. i called the police immediately and filed a report. Then later that evening i called to see if they had found the car as of yet and sure enough they did, but there was a problem, the vehicle was in multible accidents and also hit a pedestrian. My question is the Person who got hit is now suing my brothers insurance company on the basis that it was non - permissive use and the vehicle was not stolen. I know its not smart leaving keys in a running car but how could he sue my brother for non-permissive use when the car was outright stolen. Is the persons attorney grasping at straws or does he have a case against my brothers insurance company

ANSWER: Hi Jim,

It sounds like the attorney thinks that you were the one driving the car during the multiple accidents and the pedestrian being hit and that you made up the story about the vehicle being stolen to cover it up.

If the vehice was stolen, then neither you or your brother have any liability for any of the damages or injuries caused by the theft. You are not legally responsible for injuries caused by somneone else.

Your btother and you should refer all letters and phone calls to your brothers insurance company. They should handle everything. The only exception would be if they deny coverage to your brother based on the fact that you left the car running with the keys in it. Many insurance policies will not cover theft when this is the case.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: Thank you for the quick response, I just want to clarify that the police arrested the man who stole the car and he is in jail probably for a very long time so there is no doubt on either side that the car was stolen by this man. that being said should the insurance company cover this. or like you said deny coverage based on the keys being left in the car also who is legally responsible for this if the insurance company will not pay the man who is suing.Me or my brother. Finally this happened about 1 year ago whats the statute of limitations on a lawsuit for personnel injury in new york
thank you for your time,jim

Answer
Hi Jim,

There will be no coverage for any of the property damage or injuries nor are you or your brother responsible for any of the property damage or injuries. Just tell them to take a hike if they try to get you or your brother to pay for any of the damages or injuries.

The only question is whether or not your brothers insurance company will cover the damage to his car. That is where the insurance company may deny coverage because you left the keys in the car.
The only way to know is to go through the process and see what they say.

I hope this helps
Richard Hixenbaugh