If you’ve ever had your car stolen, you understand the nightmare that comes with it. You must file a police report, contact your insurance agency and inform the bank if you have a loan or are leasing.
Now, you can add “get sued” to the list if somebody uses your car to commit a crime.
New York’s “Unattended Vehicle Law”
In New York state, a driver is prohibited from leaving their vehicle running unoccupied and unlocked. New York’s Vehicle and Traffic Law is very specific, stating that a driver must stop the engine, lock the ignition and remove the key from the ignition. Failure to comply with this law can result in fines. The law’s aim is to reduce the risk of vehicle theft.
Now New York State is looking to take it even further by stating that if you leave your vehicle unlocked, with the keys inside, and your car is stolen, you may be liable for any crimes committed by the thief using your vehicle. This would apply even if the car is in your driveway.
A family in Western New York is facing a civil lawsuit under those very circumstances. In February 2023, their vehicle was stolen from their driveway, and during a high-speed chase with the police, the car thief struck and severely injured a police officer. Both the officer and the Town of Cheektowaga have filed lawsuits against the owners of the vehicle, stating they were negligent for leaving their keys in an unlocked vehicle.
Legal experts are divided in their opinions regarding this lawsuit. Proponents believe that it is valid. Vehicle owners should be aware of the high incidence of car thefts in Erie County. 2,483 vehicles were reported stolen in 2023, a 104% increase from the year before. Therefore, vehicle owners should know not to leave keys in an unlocked vehicle. Opponents state that you should feel safe and comfortable in your home, and it should be okay if you forget to lock your vehicle.
How far will New York go in holding car owners liable for crimes they didn’t commit? That remains to be seen.
