ABA Family Legal Guide

Personal Injury

Negligence

Automobile Collisions

Someone recently stole my car and then wrecked it, injuring passengers in another vehicle. Now those passengers are trying to sue me. Can they win? Am I responsible?

Probably not, since the thief did not have your permission to use the car, although a lot would depend upon the law in your state. Suppose you left your car unlocked with the keys in it, making it easy for the thief to steal. This could be negligence. Even then, most courts generally will not hold you liable if the thief later injures someone by negligent driving. That is because courts hold that you could not foresee that your actions ultimately would result in such injuries.

In a few cases, though, courts have looked at whether your actions caused an unreasonable risk of harm to someone else. If you left your car parked with the engine running, for example, you might be liable if the car thief then injures children playing nearby. In a no-fault state, on the other hand, it might be difficult--if not impossible--for the passengers to sue you.