True, but that only matters if compensation for the repair costs is the goal. If you want to punish the driver for a hit-and-run… and that was where my comment was directed… Identifying the driver, unless there is an eyewitness, is still a problem.
The owner doesn’t have to answer the question… Were you driving at the time of the accident?
I don’t think they can be compelled to answer (5th amendment issues)…
So the next question is Well, who WAS driving?… Because the owner still doesn’t know the answer to that question. They “should” know who had the keys, but they have no first hand knowledge of who was actually driving.
If the police interview who had the keys… Well, they don’t have to answer either… Plead the 5th again.
There is other evidence that could be used. A neighbor may have a security camera that recorded the car leaving from home. Credit card records may show that the driver had financial dealings at a near by store just before the accident. IF the driver says that they stayed home, this would show that they are lying. THe driver may have given different accounts of what happened to different people, which shows that the driver is lying. There may be witnesses who can testify to seeing the driver before and after the accident.
Not to be a broken record, but the fbi only gets involved in federal issues like interstate crimes or terrorism. The state criminal bureau might get involved if a high crime or serious injury, but local police many times won’t even investigate car thefts unless the public is enraged. So really there are other more productive activities. The other thing if you are going to sue someone ya better make dang sure it is the right car and person. Myself, I only went to the point of a telephone call to let them know they were found out if guilty. But then I dropped it unable to actually prove anything. Makes you feel better is all.
Red light and speeding cameras know that the car was involved in an offense. Unless the owner can provide that the car was stolen, it seems like he is responsible for all damages to the other cars.
My input to the discussion was not whose insurance pays for the damage but who pays the price for the criminal act. Both arguments assume some level of evidence against the driver that may not exist. Cameras and witnesses are not everywhere nor does everyone pay for a slurpee with a credit card nor carry their phone with them all the time.
As for the owner proving it was stolen, they can’t do that unless they know who was driving… which they can’t because the owner was not a witness. If the owner lent his vehicle to a cousin and the car was stolen while in the cousin’s possession, the owner wouldn’t be able to prove it was stolen. He can only testify he loaned it to the cousin. The cousin can testify it was stolen, but the owner cannot.
In cases like this each owners insurance will argue with each other as to who pays the ultimate bill and who eats the deductible, if any.
Edit: Apparently your insurance will not cover the damage your stolen car does to another car. Only your car is covered. See link.
I guess I missed the stolen vehicle part. Just this week in St. Paul, there was an accident. A stolen car and evidently the driver on drugs. Passenger in the stolen car was killed. Not sure about the extent of injuries to the other. Not sure again how no fault would handle the medical expenses of the stolen vehicle. Then two totaled cars. The driver will at least face manslaughter. Lots of issues to work out.
Then today we have high crimes and misdemeanors. The mail box next to my bil house got knocked down. Ring camera zeroed in on th3 car that slid into it. Police called and on the trail. In my city if the plow wrecks the mail box the city pays provided it was at legal height and setback. If not, ya gotta fix it yourself .
There is one more avenue IF you find a valid suspect. Social media. If they are young, they will likely post pictures on their social media pages and brag about it. You could also check Facebook market place for any local listing of “slightly” damaged Kia for sale.