To Lawyer Up or Not to Lawyer Up, That is the question...(advice sought)

The Audi's insurance does not owe for your damages. At least, not without a court telling it it does. Especially since it was an intentional act.

Youll have to go after the 14 year old in court. Your parents can file a claim with their own insurance company (possibly under UIM) and they might subrogate.

 

Just because the car owner wasn't cooperative doesn't mean his insurance company won't be. Once you do get his information and the two insurance companies try to decide fault, they might agree on something that would be satisfactory. In that case, having a lawyer would be an unnecessary complication. Then again, insurance companies are sneaky bastards that never want to pay if they don't have to so you can almost expect them to say they shouldn't have to pay. Short answer, I would wait for the insurance company to balk before getting a lawyer. But, keep in mind they I regularly get screwed by insurance companies and probably should not be advising others.

 

Liability insurance is for the driver and the result of his actions. Which in theory, would seem to help you. However, here is the key: Regardless of whether the driver was negligent by leaving his keys in the car, the car was taken without his permission. Therefore, all bets are off with the insurance company. The liability insurance covers him, not his car (his collision insurance covers any damage to his car) and not anyone driving it.

With the kid being 14, he no doubt, has no insurance. Therefore, both parties will end up going UIM on their own policies.

There is no way the Audi's insurance co. is going to offer to pay anything because they cover him, not anyone else. That is why you will end up having to go to court to prove his negligence in the matter. Even then, you have an uphill battle. Stranger things have happened, but based on my experience in the insurance/auto collision industry, this is the rule usually.

Bottom line is, insurance companies are not reponsible for what happens to a vehicle once it is stolen.

 

Leaving a car running, unlocked and unattended, I believe, puts some liability on the Audi owner. My advice would be NOT to agree to anything (especially in writing) that you were not TOTALLY satisfied with. If the Audi insurance says they'll pay for everything, great! If they balk, consult an attorney.

Just because you consult with an attorney doesn't mean you have to sue anyone. You can use an attorney to determine what legal rights you have, if any. The attorney will (hopefully) tell you if they should legally pay and what to say and what questions to ask.

Sometimes people refuse to pay their debts and make up excuses for why they don't have to hoping that you'll just buy their story. An attorney can help you see throught the BS.

 

Get a lawyer. I am not familiar with the peculiarities of Texas state law, but there might be a chance if it can be determined that the owner of the Audi was negligent in leaving the car open with the engine running. In some other states, there is a no-fault insurance for owners of cars (e.g., New York), I don't know about Texas.

In any case, I would say get a lawyer, but there are some Texas lawyers here on the board who are much more qualified to help you.

 

The owner of the Audi should be severely b****slapped for leaving his car unlocked and running while shopping inside a convenience store. What an idiot.

 

Even moreso if he paid $5 for a gallon of milk*.






Unless it's the fancy all natural, no hormone kind. Then all bets are off.

 

You'd have to go after the Audi owner on a negligence theory & it would probably get bogged down w/ intervening cause issues, the foreseeability of having a running car stolen, blahhhh, blahhh, blahhh...

You could go after the kid but his broke ass family prolly doesn't make it worth it.

I doubt the insurance company will pay - for many reasons...

 

Get a lawyer....

Sue the following:

1. Owner of Audi
2. The kid that tried to steal the car
3. Family of kid that tried to steal the car
4. Gas Station owner or company
5. Gas station attendant, and all other staff working that day
6. The City
7. The school system
8. Any local chemical companies
9. The dealer that sold the kid the drugs he was on
10. McDonald's

Out of all those, you should get something. Heck you may wind up settling with several, and you can go and buy yourself a new pair of shoes.

 

Even if you did get a lawyer and sued the owner of the Audi, they would probably determine what percentage of the accident was caused by his negligence.

So the court COULD and probably WOULD assign some percentage to his negligence.

For example, the court might say that the guy is 10% responsible with the 14 year old 90%.

That means the guy with the car would pay 10% damages while the kid should pay 90%...problem...kid has no money or insurance...you get stuck with 90% of the bill.

Your decision...is it worth it to buy a lawyer, go to court and what not to get 10% paid for....20%.....30%....it all depends on a lot of factors.

Your insurance will probably cover it....sucks...but that is probably how it will happen. You COULD press charges on the 14 year old and send him go juvi or whatever.

I think Texas has these laws like above...i forget what they are called. I could be completely wrong.

Not sure cost of court, lawyer, and time, is worth it to not have your insurance cover it, though.

 

The Audi driver was negligent, and his act of negligence was a proximate cause of the accident.

Sue him.

Whether his insurer will provide him with a defense and whether they will pay to settle is unknown.

His failure to provide information is a crime, and you should report him for same. You have to make a report with police, and you should also report it to your insurer, of course. If you have PIP coverage, you will be able to recover some or all of your mother's costs.

Let the guy with Audi worry about suing the kid. The clear shot is the Audi owner for leaving his keys in his car. He's liable because it is forseeable that if you leave your keys in your car someone will eventually steal it in this town, and that someone will probably be a 14 year old teenager.

 

It is certainly worth some time on your part to investigate if the parents of the 14 year old have any assets. They are the easiest target.

I would consult with a lawyer and maybe more than one. It's not uncommon to get the first consult for free to determine the viability of your case. You'll probably get a paralegal or a wet behind the ears recent graduate but I'll bet they know a lot more than we do.

 

I don't know the letter of the law, but I personally disagree with this statement. Regardless of the Audi's owners action, the thief is the culprit. In society, I should be able to leave my belongings and not have them stolen. I would argue that the vast majority of folks don't steal things and in that case it is not forseeable.

In the same vein, if I leave my front door to my house wide open and a 14 year old enters to steal a TV, trips and falls and breaks his back while commiting the crime, am I liable for leaving my door open? If the 14 year steals a gun and shoots someone, am I liable for leaving the door open?

The Audi owner was stupid for leaving his car susceptible to theft, but he committed no crime unless it's against the law to leave your car running in front of a store.

 

I don't know if it's against the law to leave your car running with no one behind the wheel, but I would be willing to bet it is.

It's a huge, dangerous piece of equipment, and anyone who leaves one running in front of a store and unattended should be arrested for stupidity.

 

If some little b*stard did that to my mom I would beat him within an inch of his life and take that money out on his face.

That is insane. From a liability standpoint, once a car is stolen, the insurance company of the individual is no longer responsible for the actions of the car or driver.

I would get that kid thrown in jail for as long as possible though.

 

and the answer is ...

Leaving your key in an unattended motor vehicle is a crime in Texas punishable by a fine of up to $200.



I haven't found whether there is a separate crime for leaving it running.

---------------

from HPD

Date: July 9, 2003
Subject: HPD Announces Watch Your Car Awareness Weeks

The Houston Police Department announced the Watch Your Car awareness campaign today (Wednesday, July 9).

In a news conference, Auto Theft Division Sergeant A. R. Price explained why July has been chosen as the Watch Your Car month. The Texas Auto Theft Prevention Authority has coordinated efforts with local law enforcement agencies to designate July 7 - 20 as Watch Your Car awareness weeks. During that period, paid commercial advertisements will run on local media throughout the state.

"In Texas, auto thefts tend to increase during the month of July", said Sergeant Price. "This is the time to arm owners of vehicles with information to reduce their chances of being victimized," he said, as he illustrated seven basic prevention techniques:

1- Register your vehicle with the H.E.A.T. (Help End Auto Theft) program. Registration is free and motorists receive decals to help identify their vehicles and stop any unauthorized users. It also prevents anyone from taking a stolen vehicle across the border. For more information, call 1-888-447-5933 or the HPD Auto Theft Division (713) 308-3500.

2- Do not leave valuables in plain sight.

3- Always park in a well-lighted area.

4- Use auto theft prevention devices, such as
- Car alarms
- Locking bars
- Kill switches
- Tracking devices

5- Never leave the ignition key inside the vehicle. Never hide a spare set in your car.

6- Always lock the car doors and raise the windows, even during the hot season.



7- Never leave the motor running during a quick errand. It is not only unsafe, but in Texas, leaving an unattended vehicle with the motor running is a crime punishable with a fine of up to $200.

 

Seems to me this question is solved by just reading the insurance policy. If the insurance policy excludes liability for anything that happens once a car is stolen...then you can sue whoever you like..but you're probably not gonna collect a dime.

 

There are not enough jails in the world to house all of those who could be arrested for stupidity.