Your Stolen Car Was Used in a Hit-and-Run in Ohio: Whether You Are Responsible

Attorney Answer

If the car was taken without your permission, the hit-and-run is the driver's responsibility, not yours. Ohio's duty to stop after a crash binds whoever was driving, and the Supreme Court of Ohio has held that an owner is not liable for a thief's driving. Your theft report is your answer to anyone who contacts you about the crash.

Taking your car was the taker's crime. Ohio Rev. Code § 2913.03(A):

(A) No person shall knowingly use or operate an aircraft, motor vehicle, motorcycle, motorboat, or other motor-propelled vehicle without the consent of the owner or person authorized to give consent.

Depending on what the taker meant to do with it, it can also be theft under Ohio Rev. Code § 2913.02(A):

(A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:

(1) Without the consent of the owner or person authorized to give consent;

The hit-and-run belongs to the driver. The duty to stop and give information after a crash, in Ohio Rev. Code § 4549.02(A)(1), falls on the operator, and so does the failure-to-stop offense.

You are not liable for what the thief did. In Ross v. Nutt, 177 Ohio St. 113 (1964), the Supreme Court of Ohio held an owner was not liable for injuries caused by a thief who took the car, even though the owner had left the key in it in violation of a local rule. The court reasoned that the thief's own conduct broke the chain of responsibility and that it would be unreasonable to hold an owner liable for the acts of a nonpermissive user. Today the key rule is Ohio Rev. Code § 4511.661(A):

(A) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the parking brake, and, when the motor vehicle is standing upon any grade, turning the front wheels to the curb or side of the highway.

The requirements of this section relating to the stopping of the engine, locking of the ignition, and removing the key from the ignition of a motor vehicle do not apply to any of the following:

(1) A motor vehicle that is parked on residential property;

(2) A motor vehicle that is locked, regardless of where it is parked;

It is a minor misdemeanor, and it does not change who answers for a thief's driving.

If it was not really a stranger. If someone you had allowed to use the car was driving, different rules apply: an owner can be liable for negligently entrusting a car to a driver the owner knew, or should have known, was incompetent. That is a different situation from a theft, and a lawyer should look at it.

Whose insurance pays the people the hit-and-run hurt, and what your own policy pays for your car, depend on the policies' terms.

What you can do

1. Keep the theft report and its number, and give the number to police, any insurer, or anyone who contacts you about the crash.

2. Tell your insurer about both the theft and the crash.

3. If police want to talk to you about the hit-and-run, bring the theft report. If anyone suggests you were driving, talk to a criminal defense lawyer before answering their questions.

4. If the car is recovered, photograph its condition before repairs.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Ohio attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. If the driver is identified, a claim for the damage to your car must be filed within two years under Ohio Rev. Code § 2305.10(A).