Think of those times when you pull up to the curb of a restaurant or store, hop out of the car and just “run in for a second.” You may not give a second thought to leaving the keys in the car or leaving the keys in the ignition and leaving the car running. Before you do this again, think about this: What if your car were stolen, the thief wrecks the car and a third-party gets hurt? Can you be held liable? The answer is … maybe.
This subject matter has been litigated in the past. To determine whether the driver of a vehicle who leaves the keys in an unattended vehicle, whose vehicle is then stolen, is responsible for injuries to a third-party, Tennessee courts look to a number of factors in order to analyze liability. The courts will consider any number of factors and those factors include 1) where was the vehicle parked; 2) was the vehicle accessible; 3) the operational condition of the vehicle; and 4) what time of the day or night was the vehicle left unattended?
The short answer is, yes. Yes, you can be held liable to a third-party if you leave your keys in your unattended vehicle, it’s then stolen, the thief wrecks the vehicle, and a third-party gets hurt. And, consider this: now, many “push button” start engine vehicles will continue to run without the keys in the vehicle.
Best practice: always turn the car off and always take the keys with you.
Tommy Santel is a co-founding partner of Santel | Garner. Tommy is a former government prosecutor. He is a Tennessee Supreme Court Rule 31 General Civil Mediator. Tommy’s practice areas include criminal defense and civil litigation.
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