It’s a scenario no driver ever wants to imagine: your car is stolen, and hours later, you’re told it’s been in a crash. The first question that usually follows is, Am I responsible for the damages?
In South Carolina, liability for stolen vehicle accidents depends on who had control, how the theft occurred, and whether you acted negligently. While most owners are not legally responsible for a thief’s actions, some exceptions exist.
Here’s how liability works and how to protect yourself.
Understanding How Car Owner Liability Works in South Carolina
In South Carolina, vehicle owners are not automatically responsible for what happens when someone else drives their car. Liability usually depends on permission; if you gave someone permission to drive your vehicle, you could share legal or financial responsibility for any resulting accident.
However, when a vehicle is stolen, permission is absent by definition. According to South Carolina Code § 16-21-60, it is a misdemeanor offense for someone to take, use, or drive a vehicle without the owner’s consent, even if the intent is only to deprive the owner of possession temporarily.
That means, in most cases, you cannot be held liable for the thief’s actions. Still, there are exceptions in which a car owner’s behavior before the theft may influence liability.
When a Vehicle Owner Is Not Liable for a Stolen Car Accident
If your car was stolen without your knowledge or permission, you are generally protected from liability. Examples include:
- The car was hotwired or forcibly entered.
- Someone stole your keys without consent.
- You promptly filed a police report.
Filing a police report immediately and notifying your insurer helps prove you did not authorize the use, and protects you from liability claims.
Situations Where a Vehicle Owner Might Still Be Held Liable
Liability may arise if negligence made the theft foreseeable, such as:
- Leaving keys in the ignition or visible inside.
- Failing to lock doors or secure the vehicle.
- Knowing that an unlicensed person might take the car.
- Leaving a running car unattended (“puffing”).
South Carolina uses modified comparative fault. If you are 51% or more at fault, you recover nothing. If 50% or less, your recovery is reduced by your percentage of fault.
Steps to Take Immediately After Your Car Is Stolen
Acting quickly can make a major difference in recovering your car and avoiding liability issues:
- Call the police immediately to report the theft. Provide details such as make, model, color, license plate, and any unique identifiers.
- Notify your insurance company as soon as possible to begin a claim.
- Provide a copy of the police report to your insurer.
- Alert local towing companies and check impound lots in case your car is recovered.
- Do not attempt to confront or locate the thief yourself. Let law enforcement handle the investigation.
Timely documentation of the theft helps prove you didn’t give permission, which protects you from false claims or potential liability.
How to Protect Yourself From Future Liability Risks
Preventive measures can dramatically reduce your risk of both theft and potential liability claims. Make sure to:
- Never leave keys or fobs in your car.
- Always lock your doors and park in well-lit areas.
- Install anti-theft devices and use GPS tracking.
- Don’t lend your car to anyone you don’t fully trust.
- Review your insurance policy annually to confirm coverage limits.
Can You Be Sued Even If Your Car Was Stolen?
It’s rare but possible. If someone injured in the crash claims you acted negligently, for instance, by leaving your car unlocked with keys inside, they could attempt to sue you.
Most of these cases depend on proof of negligence. If you can demonstrate that you took normal safety measures and promptly reported the theft, courts usually dismiss claims against car owners. Having an attorney handle communication with insurance companies or potential claimants is essential to protect your rights.
Get Legal Help from a South Carolina Car Accident Lawyer
If your stolen car was involved in a crash or you’ve been injured by one, you don’t have to navigate the insurance maze alone. A skilled South Carolina car accident attorney can review your claim, negotiate with insurers, and protect you from wrongful liability.
At Stewart Law Offices, we help vehicle owners and accident victims understand their rights, challenge unfair denials, and pursue full compensation.
Schedule your free consultation today to discuss your legal options and secure the peace of mind you deserve.
