Auto Insurance Claims: stolen vehicle, Am I responsible for the theft of my car?


Question
My sons friend stole his car, which the keys were left in the change tray, and wrecked it into a farmers tractors. This happened in iowa.  My son only had liability on his vehicle.  The car is in my sons name and the insurance is in mine and my husbands name.  My son is 18.  We have filed charges against the person who stole the vehicle.  Who will be responsible for the damaged caused to the farmer?  If the thief is found guilty will he be ordered to pay for the damages to my sons car?  Can I be sued since the insurance is in my name?  The person who stole the vehicle is also 18.

Answer
Leslie,

  The thief is responsible and should be ordered to pay restitution for any damages they caused.  It is unlikely that you or your son would be held responsible, but leaving the keys in the change tray is a questionable act.  In some jurisdictions, leaving the keys with the vehicle is considered negligent.  

  Unfortunately, I simply do not know if Iowa has any case law precedence on the matter and would have to refer you to seek legal advice about the matter.  I am sorry I could not help, I am not an attorney and the law restricts me from giving legal advice.

  I believe you are not in jeopardy.  

Regards,
JP