A recent incident in Anshan, Liaoning province, China, has highlighted the risks of vehicle theft and the complexities of insurance claims, as reported by local media. A man discovered his recently purchased Toyota and a Mercedes-Benz, acquired in early 2020 for approximately 500,000 yuan, were targeted by thieves.
The owner stated that he parked his vehicles in an open-air parking lot. Upon returning around 5 a.m. on July 27th to go fishing, he found that items were missing from inside his Toyota, including cigarettes and cash. More alarmingly, the keys to his Mercedes-Benz were gone, and so was the car itself.
His negligence, attributed to being accustomed to the automatic locking feature of his previous Mercedes-Benz, led him to forget locking his new Toyota.
Security footage revealed that around 3 a.m., three young boys were seen testing car doors in the parking lot. Upon finding the unlocked Toyota, they gained entry, located the Mercedes-Benz keys, and subsequently made off with the luxury vehicle.
The Mercedes-Benz was recovered the following day, July 28th, under an overpass in Laobian District, Yingkou City, over 100 kilometers from where it was stolen. The vehicle had been abandoned after running out of fuel. After inspection, a minor scrape in the front and rear bumpers were reported, but the problem was its replacement key which valued for around 6000 yuan.
Police have apprehended two suspects, believed to be around 13 and 14 years old. The investigation into the third suspect is ongoing.
The case echoes a similar incident where three middle school students stole a Mercedes-Benz, causing a severe accident with damages assessed at 430,000 yuan. In that instance, the insurance company denied the claim.
Legally, these minors are considered individuals with limited civil capacity under the Civil Code. Their guardians are primarily responsible for compensating the damages incurred from the unauthorized use of the vehicle.
However, the car owner’s negligence, such as failing to secure their keys, may lead to partial liability. According to regulations and insurance contracts, insurers are only obliged to cover emergency rescue expenses under mandatory traffic insurance in events where the driver lacks a valid license, and they won’t cover any property losses, including car damage.
The boys could face charges of theft. Due to their age, they would not be held criminally liable. However, the police can order the children’s guardians to be responsible for care and guardianship.
If the Toyota owner has comprehensive car theft insurance he may explore the option of making claims from the insurance company and then, the insurance firm, after paying compensation, retains the right to seek reimbursement in return.
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