Dui hit and run car theft.

D

Duffsfromks

New Member
Jurisdiction
Kansas
Does Kansas have a comparatively similar law to that of Florida; Dangerous Instrumentality Doctrine?
A guy hit my car and ran from the scene. My car was parked outside my house on the curb. The police caught up with the owner and arrested him on dui hit and run. However the police didn't get a witness statement and the guy is getting off and his insurance doesn't want to pay or cover my vehicles damages. His insurance company states the owner of the vehicle is claiming his car was stolen and the perpetrator was able to drive away with his car because he was drunk and left his keys in the car while he was passed out inside. So my thinking is shouldn't the vehicle owner be liable due to the fact of neglect and or lack of responsibility over the keys to his car.
 
Kansas follows "negligent entrustment" law:

Read the explanation starting on Page 8 of the following case decision by the Kansas Supreme Court:

Martell v. Driscoll

Whether you'd be successful against the owner for negligent entrustment based on your circumstances is anybody's guess.
 
I'd bet your claim against the owner wouldn't get far. Your attention should be on the driver (who may not have any assets). Whether or not he avoids criminal prosecution for hit and run is totally separate from any civil action you have against him.
do you have uninsured motorist coverage with your own insurance?
 
mightymoose said:
I'd bet your claim against the owner wouldn't get far. Your attention should be on the driver (who may not have any assets). Whether or not he avoids criminal prosecution for hit and run is totally separate from any civil action you have against him.
do you have uninsured motorist coverage with your own insurance?
Click to expand...
I have liability only and does not cover this.
 
My neighbor saw him get out of the car and flee however by the time the police caught up with the suspect the neighborhood was settled and asleep, so the police never got us to id him or got a statement from my neighbor.
 
The only witness is my neighbor and he was able to give me the description of the driver which I fed to dispatch then while doing this the suspect was coming back towards the scene on foot and my neighbor saw him pointed him out and he ran on foot. The police never caught the person on foot. However they ran the registration of the vehicle, went to it's address and made contact with the owner who was out of breath sweating matched the description I gave them. However no witness statement. It sucks to see someone get off with a dui hit and run, but it's even worse when I get stuck having to eat the poopy sandwich.
 
Duffsfromks said:
My neighbor saw him get out of the car and flee however by the time the police caught up with the suspect the neighborhood was settled and asleep, so the police never got us to id him or got a statement from my neighbor.
Click to expand...

That would only matter toward any criminal action.
If you sue the driver in civil court, or small claims depending on the amount, your neighbor can appear in court and give a statement there.... if your neighbor is willing to cooperate and can honestly identify the vehicle or the driver.

How much is your loss? Is it worth pursuing?
 
The guy that hit my car lives 3 blocks up the road from me, I was unaware, until my witnessing neighbor told me "he lives right up there, I saw him loading up his uhaul truck and move out." I said "the driver, or the car owner?" He said "yes! Bothe! What do you mean? The owner is the driver" I said "how do you know that, the police didnt know that" he said "because I saw him and was trying to point him out that night"
 
I feel as though this isn't fair my car gets hit and left with tons of damages and he is frolicking about with no liability towards my damages and no recourse for his actions.
 
Duffsfromks said:
Police came by and are getting a witness statement and

Yes, boils down to I want my truck fixed at the expense of the owner of the vehicle/driver, which is money. What is the best resolution?
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First you must identify the alleged perpetrator.
I doubt that you'll be able to do so, because the police couldn't.
However, you're free to try.
When you have identified your culprit, you bring a small claims case against him or her.

You present your proof, he or she defends.

Even if you prevail, you can't get diamonds out of pyrite (fool's gold) ore.

Deadbeats don't pay, mate.

Your remedy going forward is to fully insure your vehicle in case another drunken deadbeat strikes again.
 
army judge said:
First you must identify the alleged perpetrator.
I doubt that you'll be able to do so, because the police couldn't.
However, you're free to try.
When you have identified your culprit, you bring a small claims case against him or her.

You present your proof, he or she defends.

Even if you prevail, you can't get diamonds out of pyrite (fool's gold) ore.

Deadbeats don't pay, mate.

Your remedy going forward is to fully insure your vehicle in case another drunken deadbeat strikes again.
Click to expand...
I understand the driver has gotten away at the moment. However my neighbor can and will id the driver of the vehicle as the same person who is the policy holder. The officer that just came by said he had went to the wrong house to get a witness statement and was very apologetic. My neighbor is making a statement and the investigators are going to bring a photo line up to point out the individual. The owner/driver are the same person and is the person that has the poli for the car. I would think that as soon as this is confirmed his insurance company should be liable at that point. No?
 
Duffsfromks said:
I understand the driver has gotten away at the moment. However my neighbor can and will id the driver of the vehicle as the same person who is the policy holder. The officer that just came by said he had went to the wrong house to get a witness statement and was very apologetic. My neighbor is making a statement and the investigators are going to bring a photo line up to point out the individual. The owner/driver are the same person and is the person that has the poli for the car. I would think that as soon as this is confirmed his insurance company should be liable at that point. No?
Click to expand...

The insurance company makes that decision.

If he was inebriated, collided with your car, then absconded from the scene, allegedly lied to the police when confronted, while a neighbor will swear to seeing him leave the scene of the collision, if he stands by his story, it'll be hard to prove he collided with your car, and impossible to prove he was intoxicated at the time of the collision.

Regardless of what the police do, it'll be up to the prosecutor if this ever makes it to court.

As far as the insurance company, I suspect absent proof to the contrary, not allegations, the insurance company will support their slick insured.
 
I might have some good news for you, OP.

In a few no-fault states -- District of Columbia, Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah -- injured drivers can to make a no-fault claim with their own insurer.

I overlooked your state, Kansas.

Read this, mate:

What is No Fault Insurance and How Does a Claim Work? - AllLaw.com


Does your insurer cover you in the event of a "hit and run" collision?


Read on, curious OP:

Liability in Drunk Driving Crashes and DUI Arrests


How to make a car insurance claim for a hit-and-run accident


Oh snap, mate, you said you only have liability coverage, right?


But, but, but, just maybe, hold your mules, check this out:

https://ag.ks.gov/docs/default-source/publications/crime-victims-compensation-brochure.pdf?sfvrsn=14

It's worth a shot mate.
 

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