Car theft is a stressful and frustrating experience. But what happens when things go from bad to worse? If someone steals your vehicle and causes a crash on public highways in South Carolina, are you, the registered owner, legally liable under your auto insurance policy? Understanding stolen car accident liability in South Carolina, including the factors influencing liability, is crucial for anyone dealing with such unfortunate circumstances.
This serious question involves complex issues like negligent entrustment, vicarious liability, comprehensive coverage, and collision insurance. Understanding South Carolina law, your insurance policy, and your rights under Department of Public Safety guidelines can help protect your interests and avoid accident claims.
Understanding Liability in South Carolina
In legal terms, liability refers to who is legally responsible for compensatory damages, bodily injury coverage, or physical damage. South Carolina follows a fault party system for accidents on controlled-access highways or otherwise, meaning the at-fault party (or their insurance provider) is responsible for medical expenses, emergency medical costs, or cost of repairs.
When the driver’s permission was never granted ,as in cases of unauthorized vehicle theft ,liability usually shifts to the drunk driver, thief, or permissive user, not the registered owner.
When Is a Vehicle Owner Not Liable?
1. True Theft Without Negligence If your vehicle was stolen (e.g., from your driveway or parking lot), and a police report was filed promptly, you’re generally not responsible. Collision insurance doesn’t apply for damages to other vehicles, but your comprehensive insurance or coverage for theft might cover the stolen car.
2. Secure Vehicle, No Negligence If you locked the vehicle, removed your tracking device, and kept the auto insurance policy current, then negligent operation can’t be proven.
When Might a Vehicle Owner Be Held Liable?
1. Negligent Entrustment You may be liable if you left keys in the car and a reckless permissive user like a family member or minor took it. If you allow someone with a bad driving record to access your car and they claim theft, the court may assign you comparative negligence.
2. Unattended Vehicle with Keys Inside Leaving a privately-owned motor vehicle running unattended in high-theft areas may lead to liability. Courts could view it as a failure to make a reasonable effort to prevent physical damage or property damage.
What About Insurance?
Comprehensive Coverage
- Covers physical damage from theft claim, vandalism, and weather
- Does not cover bodily injury or crash victims resulting from the thief’s actions
Liability Insurance
- Applies only to authorized users
- If your car was used without permission, insurance carrier may deny accident claims unless you prove theft via photographic evidence, accident report, or facie evidence
Uninsured Motorist Coverage
- Helps cover your own medical expenses or personal property loss if the thief hits you and has no insurance claims or assets
Underinsured Motorist Coverage
- Applies if the thief has minimal insurance and damages exceed their policy limits
What Happens If the Thief Is Uninsured or Unidentified?
Most towing vehicle drivers or car thieves lack insurance. You can:
- File under uninsured motorist coverage
- Use your collision coverage and pay insurance premiums or deductible
- Seek help from the Department of Transportation or city department for accident details
Even with no payout from the thief, your accident lawyer may pursue a civil lawsuit for compensatory damages.
What If You’re Sued Anyway?
Even innocent vehicle owners may face a personal injury or bodily injury lawsuit. You must:
- Prove lack of driver permission
- Show you filed a police report
- Demonstrate responsible auto insurance policy behavior and lack of negligent entrustment
Hire accident attorneys or legal representation immediately.
Protect Yourself Moving Forward
To prevent future accident claims:
- Install anti-theft devices and tracking device
- Keep your insurance policy updated with additional coverage like comprehensive claim and collision insurance
- Park in secure places to avoid towing company fees or theft claim scenarios
- Discuss your coverage limits and insurance rates with your insurance provider
Conclusion: Know Your Rights and Responsibilities
In South Carolina, liability doesn’t automatically follow the registered owner of a stolen motor vehicle. Courts evaluate:
- Whether there was true theft
- Whether proper security was in place
- Whether any form of negligent entrustment occurred
If you’re being sued, contact Ted Law Firm. We proudly serve injury victims in Aiken, Anderson, Myrtle Beach, North Augusta, Orangeburg, Charleston, Columbia, Greenville and Summerville. If you’ve been injured due to someone else’s reckless or criminal behavior, our experienced attorneys are here to help you seek justice and recover the compensation you deserve. Let Ted Law Firm help you file a successful claim for emotional damages. Contact Ted Law Firm today for a free consultation. We’re committed to supporting families in their time of need.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
