Shaaban & Biedgoly

Getting into a car accident or motorcycle accident is stressful, but the situation becomes more complicated if the other vehicle involved is stolen. Who is liable? Who pays for the damages? In accidents involving stolen cars, the legal issues surrounding liability and insurance coverage can be difficult to navigate, especially in states like California, where vehicle theft is common.

Liability for Stolen Vehicle Accidents

In most cases, the thief driving the stolen vehicle is liable for any damages caused. This includes property damage, medical expenses, and other related costs. However, the reality is that most car thieves lack insurance or the financial resources to cover the damages. Tracking them down can also be difficult, leaving victims with few options to recover losses from the at-fault party.

In rare cases, the actual owner of the stolen vehicle may be held liable, but only if they acted negligently in allowing the vehicle to be stolen or entrusted the vehicle to an irresponsible person. For example, if a vehicle owner leaves their car unlocked with the keys in the ignition in a high-theft area, they could be found partially responsible for an accident caused by the thief.

Insurance and Stolen Vehicle Accidents

The next step after determining liability is figuring out how to recover compensation. This largely depends on the insurance policies in play. Several types of insurance come into effect when a stolen vehicle is involved in an accident:

1. Uninsured/Underinsured Motorist Coverage (UM/UIM): This is the most common way for victims of stolen vehicle accidents to receive compensation. If the thief has no insurance or insufficient coverage, UM/UIM coverage through your own policy can help cover medical expenses, property damage, and other losses. It essentially steps in when the at-fault party cannot provide compensation. In the case of stolen vehicles, this applies because the car thief is often uninsured.
2. Comprehensive Insurance: If your vehicle is stolen and involved in an accident, comprehensive insurance coverage can pay for the repair or replacement of the vehicle. Comprehensive coverage also typically covers theft-related damages, including when your stolen vehicle is crashed by a thief. However, this type of coverage does not extend to damages or injuries caused to others by the stolen vehicle, which is why liability insurance and UM/UIM policies are critical.
3. Collision Coverage: Collision insurance can cover damages to your car, regardless of fault. So, if you are hit by a stolen car, your collision insurance may help pay for the repairs to your vehicle. However, like comprehensive coverage, collision insurance does not cover medical bills or other expenses related to injuries.
4. Liability Insurance: In most states, liability insurance is mandatory, and it covers damages when the insured driver is at fault for an accident. If the owner of the stolen vehicle has liability coverage, it generally does not apply because the thief was driving without permission. However, if the owner negligently allowed the thief access to the vehicle, their liability insurance could potentially come into play.

Steps to Take After a Stolen Vehicle Accident

If you’re involved in an accident with a stolen vehicle, it’s important to take specific steps to protect yourself legally and financially:

1. Call the Police: Always report the accident to the police, especially if the other car is stolen. The police will document the details and initiate an investigation to find the thief. Having an official police report can be critical in dealing with insurance companies.
2. Seek Medical Attention: If you’re injured, get medical treatment immediately. Delaying treatment could not only harm your health but also affect your ability to recover damages in a personal injury case.
3. Gather Evidence: Collect as much evidence as possible at the accident scene. Take photos of the damage to both vehicles, the location of the accident, and any visible injuries. If there are witnesses, get their contact information.
4. Notify Your Insurance Company: Inform your insurance provider about the accident as soon as possible. Even if the other vehicle was stolen, your own insurance policies, such as UM/UIM or collision coverage, might come into play to cover your expenses.
5. Contact a Personal Injury Attorney: Navigating insurance claims and legal liability in accidents involving stolen vehicles can be challenging. An experienced personal injury attorney can help you understand your options, deal with insurance companies, and pursue compensation from other avenues if necessary.

Compensation for Damages and Injuries

Recovering compensation after a stolen vehicle accident can be complex. Common damages that victims of car accidents—including those involving stolen vehicles—may seek compensation for include:

• Medical Expenses: This covers immediate treatment costs as well as long-term medical needs related to the accident, such as rehabilitation or ongoing therapy.
• Lost Wages: If your injuries prevent you from working, you can claim compensation for the wages you’ve lost, both temporarily and permanently, depending on the severity of your injuries.
• Property Damage: This includes the cost of repairing or replacing your vehicle and any other property damaged in the accident.
• Pain and Suffering: Accidents can cause significant emotional distress and trauma. Compensation may be available for the physical and psychological pain you’ve experienced as a result of the accident.
• Loss of Future Earning Potential: If the accident has caused permanent injuries that affect your ability to work, you may be entitled to compensation for the loss of future income.

Legal Support for Personal Injury Claims

Victims of stolen vehicle accidents often face a tough battle when it comes to recovering damages, especially when the thief cannot be located or does not have sufficient resources. This is where contacting your Folsom accident attorney at Shaaban & Biedgoly becomes crucial.

Personal injury attorneys specializing in car accidents can provide valuable assistance by:

• Investigating the accident thoroughly to determine all liable parties.
• Filing claims with the appropriate insurance companies, including the victim’s own policy if UM/UIM coverage is involved.
• Advocating for maximum compensation, covering medical bills, property damage, lost wages, and pain and suffering.

In the case of motorcycle accidents, personal injury lawyers may also look into whether the rider had sufficient coverage, as motorcyclists are particularly vulnerable to injuries in collisions involving stolen vehicles.

Conclusion

Accidents involving stolen vehicles present unique challenges in terms of liability and insurance coverage. While the thief is typically responsible for the damages, recovering compensation from them is often impractical. This makes uninsured motorist coverage, collision, and comprehensive insurance crucial for protecting yourself financially. If you find yourself involved in such an accident, it’s essential to consult with a personal injury attorney who can help you navigate the legal complexities and ensure you receive the compensation you deserve.

Maximizing your legal rights, especially in complex situations like stolen vehicle accidents, can help you recover faster and ensure that the financial burden is not solely yours to bear.

Contact Shaaban & Biedgoly today for your FREE consultation!