A report in March revealed that over the span of just two days, twelve vehicles were stolen from homes in Hauppauge and Saint James on Long Island. In each of the incidents, the car was left unlocked. Some still had the key fob inside. Most of the vehicles have since been recovered and no injuries have been reported because of the thefts, but authorities have warned citizens to ensure that they lock their cars and do not leave their keys in their unattended vehicles. With car thefts becoming more prevalent, it is important for car owners in New York to be aware of the laws that dictate their possible liability in these situations.
Permissive Use
Under New York Vehicle and Traffic Law (VTL) §388, the owner of a vehicle is liable for any death or injuries resulting from negligence in the operation of such vehicle by any permissive user, express or implied. This statute creates a strong presumption that the driver of a vehicle is operating it with the owner’s consent which can only be rebutted by substantial evidence that the vehicle was not operated with the owner’s express or implied permission.
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