Car Accident
Are you old enough to remember some of the early vehicle theft prevention devices? Do you remember the bar that went across the steering wheel that effectively locked it in place?
Anti-theft technology has come a long way in recent years. Yet thieves are still stealing vehicles. You report the theft to the police and your insurance provider and think that covers everything—but is that really the case?
What happens if your stolen vehicle causes an accident? Are you liable? Navigating liability in a stolen car accident claim is rarely easy, especially if the thief flees the scene. What about if you’re the injured party? Can you recover compensation if your damages are caused by a stolen vehicle? We’re answering these questions and more.
What to Do If Your Stolen Vehicle is Involved in an Accident
Whether you’re calling Arizona or another state home, you’ll follow the same steps if your stolen vehicle causes an accident. Calling the police and reporting the theft isn’t a suggestion, it’s a necessity. If you don’t report the theft, it’s pretty much like it never occurred. This means you’re probably going to be liable for damages if the vehicle ends up in an accident.
Your police report is also something your insurance provider is going to request. You typically can’t start recovering compensation for your stolen car until you have the police report. After reporting the theft to the police, contact your insurance provider.
Be an Exceptional Record Keeper
You’re trying to prove theft and that you’re not liable for any damages caused by your vehicle. This means keeping excellent records and even turning into a bit of a pack rat. Along with hanging onto a copy of the theft report, you should plan on keeping records of all communications. This includes communications between you and the authorities, along with the insurance adjuster, and any attorneys including your own.
If possible, try to make it to the accident scene. Take pictures of the damage to your stolen vehicle. Find out if any injuries are present. The more information you have, the easier it is to show you’re not liable for the accident.
How Is Fault Established in a Stolen Vehicle Accident Claim?
Before we dive into establishing fault, it helps to know Arizona is a pure comparative negligence state. Only about 12 states follow pure comparative negligence guidelines, including Arizona, so it’s a good idea to check your local statutes.
What pure comparative negligence means is you can still file an injury claim even if you’re 99% responsible for causing the accident. Yep, this means the car thief may even be able to recover compensation for some of the damages.
However, this is rare since first the car thief has to deal with their criminal charges. By the time this finishes, the statute of limitations has probably run out on their accident claim. Arizona gives accident victims two years to file an injury claim:
- Regardless of whether or not the vehicle is stolen, the steps for establishing fault stay the same.
- The accident scene is investigated. The authorities will look at the vehicles’ positions, review any camera footage, and interview witnesses.
- All information gathered at the accident scene is presented to a judge and/or jury.
- The court assigns a percentage of blame to all involved parties. You can be assigned anywhere from 0% up to 100% of the blame.
- If you’re the owner of the stolen vehicle and you filled out a theft report, you probably don’t need to worry about being assessed fault. You can focus on either recovering your stolen vehicle from the authorities or moving forward with your stolen vehicle claim. Depending on the situation, you may be tackling both.
Anyone injured by the car thief may also be found partially liable for the accident. Simply because the vehicle’s stolen doesn’t excuse any reckless behavior you may have engaged in that contributed to the accident. Here’s a quick example.
You’re speeding and the driver of the stolen vehicle runs a red light. Since you and the other driver are violating traffic laws, you’re both liable for the damages. Yep, this probably means your potential compensation is going to be impacted. Your settlement will be reduced by your assigned percentage of fault.
Will Insurance Cover My Damages in a Stolen Car Accident?
There isn’t an easy answer to this question. You’re going to need to break out your auto insurance policy. If you’re the owner of the stolen vehicle, the damages are usually covered if you have comprehensive insurance. Also known as full coverage, this type of auto insurance usually covers damage to your vehicle.
Once again, you’re going to need your police vehicle theft report to start the claim process. If you’re only carrying liability insurance, you’re probably on the hook for any damage to your vehicle. Liability auto insurance only covers damage you may cause to someone else’s vehicle.
The answer is just as convoluted if you’re injured in an accident with a stolen vehicle. You can’t file a claim against the vehicle’s owner. The defendant in your injury claim is the other driver, in this case, the vehicle thief. Yep, this confuses things. If you have comprehensive auto coverage, it’s probably what’s going to pay for your damages. Even though auto insurance doesn’t cover anything other than vehicle damage, some of your medical costs may also be taken care of.
If you have PIP (personal injury protection) insurance, up to 80% of your medical expenses are usually covered or up to the policy’s cap. PIP can also take care of some of your lost income, once again up to 80%. This is better than nothing since your other option is filing a lawsuit against the individual who stole the vehicle.
Should I Have Legal Representation in a Stolen Vehicle Accident Claim?
This is one of those questions with a pretty simple answer. Most of the time it’s a good idea to consult with a car accident attorney if you’re injured in an accident involving a stolen vehicle. This even goes for the vehicle’s owner. Consulting with a personal injury attorney can help ensure you’re not liable for any damages your stolen car may cause.
