Automotive

Stolen Uninsured/Unplated Car - Personal Injury Liability-**Help!**

  • Last Updated:
  • Jun 15th, 2021 8:27 pm
[OP]
Newbie
Oct 19, 2013
11 posts
16 upvotes

Stolen Uninsured/Unplated Car - Personal Injury Liability-**Help!**

So I had my unplated /uninsured clunker car stolen from my driveway. It was in a collision and a complete loss.
Fast forward 2 years I am hit with a personal injury lawsuit as owner of the car. I have to file a defense. I called around and the civil litigation lawyers mostly file for the plaintiff and not the defense as I need.

Any advice, suggestions and referrals welcome for the GTA.

*No rude comments please. I know I screw up by not putting suspension insurance on the car*
Last edited by Shopperz1 on Jun 11th, 2021 5:46 pm, edited 2 times in total.
43 replies
Sr. Member
Sep 25, 2018
787 posts
1436 upvotes
Hmm that sounds like a tricky situation. Sorry to hear that OP.

[Removed information to protect OP]

Do you know any details of the lawsuit? Did the personal injury happen during the time it was stolen? I can't imagine you'll be in too much trouble cause if the car was stolen then it really isn't your responsibility, is it? I'm not a lawyer so I can be completely wrong.

Maybe you can call your local legal clinics to see if they can point you in any direction. Your home insurance may be able to cover some if not all the expense should you lose the lawsuit. Again I'm not an insurance broker either so that could be completely wrong.
Last edited by AlicW93740 on Jun 11th, 2021 5:55 pm, edited 1 time in total.
Deal Fanatic
Mar 21, 2010
5780 posts
2618 upvotes
Toronto
Shopperz1 wrote: Is there a link to local legal clinics?
Local to where?

Definitely get legal representation first.
Last edited by Manatus on Jun 11th, 2021 5:57 pm, edited 1 time in total.
Deal Addict
User avatar
Sep 9, 2012
4463 posts
3730 upvotes
Oakville, ON
Hard to help with referrals if your location is stated or isn’t in your profile….
Sr. Member
Sep 25, 2018
787 posts
1436 upvotes
Link to Ontario Legal Clinics: https://www.legalaid.on.ca/legal-clinics/

Good thing you deleted the more detailed information. You never know who will see it on public forum. I deleted mine as well. Hopefully everything turns out okay for you. And definitely don't let similar things happen again.
Last edited by AlicW93740 on Jun 11th, 2021 5:56 pm, edited 1 time in total.
[OP]
Newbie
Oct 19, 2013
11 posts
16 upvotes
I didn't think it through. I appreciate it Smiling Face With Open Mouth
Deal Addict
May 30, 2012
3984 posts
1344 upvotes
BC
Shopperz1 wrote: So I had my unplated /uninsured clunker car stolen from my driveway. It was in a collision and a complete loss.
Fast forward 2 years I am hit with a personal injury lawsuit as owner of the car. I have to file a defense. I called around and the civil litigation lawyers mostly file for the plaintiff and not the defense as I need.

Any advice, suggestions and referrals welcome for the GTA.

*No rude comments please. I know I screw up by not putting suspension insurance on the car*
how can you be the owner of the car when it was stolen? I assume you didn't report it as stolen?
[OP]
Newbie
Oct 19, 2013
11 posts
16 upvotes
Yes it was reported. MTO records didn't change based on theft.
Sr. Member
Nov 6, 2014
811 posts
1367 upvotes
Woodbridge, ON
Just out of curiosity, would you mind if I ask what make/model the vehicle was?
Sr. Member
Sep 25, 2018
787 posts
1436 upvotes
Just realized, if the plaintiff doesn't know the state of your car (specifically the information we both deleted) when it was stolen, you may not need to make it known. Otherwise they may use it against you for negligence. Again not a lawyer, but just something to keep in mind.
Member
Mar 25, 2006
432 posts
32 upvotes
Assuming the plaintiff was in a vehicle, their insurance would cover them for their damages. If they were a pedestrian, there is other coverage for them. In terms of actually filing a defence, you technically are not required to. You also don't need a lawyer to do it, you can draft one and file it yourself. If the car was stolen and there aren't allegations that you were driving it or lent it to someone knowing it had no insurance, you aren't going to have any realistic liability. The plaintiff likely already knows all of this but will name you in case they find out you were driving, it was not actually stolen, and so that they have a right to question you in an Examination for Discovery.
Deal Fanatic
Apr 5, 2016
5340 posts
3806 upvotes
Calgary/Vancouver
I always find it funny storage insurance had third party liability. Now I know why.
Jr. Member
Jan 3, 2021
137 posts
131 upvotes
bahk7 wrote: Assuming the plaintiff was in a vehicle, their insurance would cover them for their damages. If they were a pedestrian, there is other coverage for them. In terms of actually filing a defence, you technically are not required to. You also don't need a lawyer to do it, you can draft one and file it yourself. If the car was stolen and there aren't allegations that you were driving it or lent it to someone knowing it had no insurance, you aren't going to have any realistic liability. The plaintiff likely already knows all of this but will name you in case they find out you were driving, it was not actually stolen, and so that they have a right to question you in an Examination for Discovery.
yeah true but a lawyer might be helpful because you may need coaching on what you can say/can't say...

for example if the OP left the keys in the car, even though the car was still stolen, they could be found partially liable for not being reasonable and restricting access to a working vehicle. I'm sure a judge would see through this, but you never know... and if you're not quick with your words/good with your words a few slip ups could turn the tide against you.
Deal Guru
User avatar
Oct 23, 2008
12436 posts
9152 upvotes
GTA, ON
And who is the plaintiff using, Diamond & Diamond, Kotak, or any of those others that advertise on CP24? Dirty ambulance chasers.

I feel for OP. Sleazy lawyers always looking for a sleazy payday.
Tis banana is IRIE :razz:

10% off is cold, 50% off is warm, 75% off is hot, but FREE IS RFD!
Deal Expert
User avatar
Jul 30, 2007
29365 posts
15182 upvotes
Toronto
bahk7 wrote: Assuming the plaintiff was in a vehicle, their insurance would cover them for their damages. If they were a pedestrian, there is other coverage for them. In terms of actually filing a defence, you technically are not required to. You also don't need a lawyer to do it, you can draft one and file it yourself. If the car was stolen and there aren't allegations that you were driving it or lent it to someone knowing it had no insurance, you aren't going to have any realistic liability. The plaintiff likely already knows all of this but will name you in case they find out you were driving, it was not actually stolen, and so that they have a right to question you in an Examination for Discovery.
an average Joe would not have any legal knowledge in this kind of things, that is why finding legal professional would still be needed, at least to see where OP stands.
Sr. Member
Aug 11, 2018
976 posts
900 upvotes
Surely you got a police report number when you reported it stolen to the police? … as this would have been required for your insurance
Deal Addict
Apr 26, 2013
3263 posts
2612 upvotes
Toronto
idontwantausername wrote: Surely you got a police report number when you reported it stolen to the police? … as this would have been required for your insurance
Did you even read the OP? Or even the title of the thread.
Sr. Member
Aug 11, 2018
976 posts
900 upvotes
WMPCOT wrote: Did you even read the OP? Or even the title of the thread.
dId yOu eVeN ReAd tHe oP? oR EvEn tHe tItLe oF ThE ThReAd.

What exactly am I looking for in the OP or thread title? Do you know the definition of insurance?
in·sur·ance
noun

a thing (POLICE REPORT) providing protection against a possible eventuality
Bring the police report to court as that is the only defence.

Top