- Life is definitely not fair! - 1 Update
| BigDog811 <bigdog811@gmail.com>: Dec 21 07:36AM -0800 On Tuesday, December 20, 2016 at 11:32:02 AM UTC-5, KenK wrote: > Evidently the insurance companies are among the 1%. And I'm definitely not! > -- > I love a good meal! That's why I don't cook. Don't assume your insurance agent is correct. The fact that the keys were in the car at the scene suggests the owner has some liability, and therefore her liability insurance should reimburse you 100% of your losses. Your homeowner's policy and it's deductible would not come into play. Regardless of the theft report, the owner has responsibility under the "dangerous instrumentality" doctrine. That means the owner has to take reasonable care to prevent the car from being misused. The presence of the keys is at least prima facie evidence that she's breached her responsibility. They didn't just magically appear. In fact she may have broken the law. The vehicle code in many (most?) states specifically prohibits leaving keys in an unattended vehicle. It's worth checking. And of course just because she reported it stolen doesn't mean she didn't loan it to a friend or family member and is just covering up for them. If it were me I'd file the claim against her insurance company (you can get it from the police report) and see where it goes. Nothing ventured, nothing gained. |
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