Photo/Illutration A stolen car, front, after it hit a taxi in a separate accident that occurred July 25, 2018, in Fukuoka’s Chuo Ward (Asahi Shimbun file photo)

The Supreme Court ruled Jan. 21 that the owner of a stolen car that caused an accident was not responsible for the incident due to negligence, nor obliged to pay compensation.

In overturning a lower court ruling, Presiding Justice Keiichi Hayashi of the top court's third petty bench said there was no negligence on the part of a company that owned the car. 

The top court said a man broke into the premises of the company’s dormitory for single employees in Kawasaki city late at night in January 2017 and stole a van. The man fell asleep while driving and caused an accident that involved four cars, according to the court.

The victims of the accident had demanded compensation from the company on grounds the vehicle was not properly managed.

The court put much stock on the fact that the company’s regulations stipulate that the vehicle must be locked when parked and the keys kept in a designated place. The court did not find the company to be negligent in its management of the car, arguing that even if the rule was not followed, it had taken measures against car theft.

Hayashi provided a concurring opinion, saying that how the vehicle was managed and whether it was possible to predict an accident would occur should be taken fully into account in deciding whether to hold the owner liable for the incident.

During the second trial in the case, the Tokyo High Court ruled that the company was negligent in its management oversight as the van was unlocked at the time of the theft and the key was placed inside a sunshade of the driver’s seat.

The court also put a weight on the fact that the van was stolen late at night, saying that it was possible to predict a car could be stolen and drowsiness could cause a traffic accident.

The court ordered the company to pay about 7.9 million yen ($71,790) in compensation.