Did you know, From 2019 to 2023, the nationwide rate of motor vehicle theft incidents rose from 199.4 incidents per 100,000 people to 283.5 incident? That’s massive and likely means you might be the next victim.
Since stolen cars are becoming an increasing crime, you might have to deal with this situation too. Getting the news that your parked car was hit by a stolen car can be extremely stressful.
You might wonder who will pay for the damages, whether you can sue the thief, and how this situation will impact your insurance.
We will guide you through the steps to take after such an incident, clarify responsibilities, and explore your legal and insurance options. We will also discuss personal injury protection, the process for stolen vehicles and other details.
What to Do After Your Parked Car Was Hit by a Stolen Car
1. Ensure Your Safety and Check for Injuries
First and foremost, ensure your safety and the safety of others around. If anyone is injured, call 911 immediately for medical assistance.
2. Contact the Police
Report the accident to the police right away. Since a stolen vehicle is involved, the police will need to document the incident and potentially pursue the car thief. Obtain a police report, which will be crucial for your insurance claim and any potential legal action.
3. Document the Scene
Take photographs of the damage to your car, the surrounding area, and any other vehicles involved. Collect contact information from any witnesses, as their accounts can support your case.
4. Notify Your Insurance Company
Contact your insurance company to report the accident. Provide them with all the details, including the police report and photos of the damage. Your insurance company will guide you on the next steps and help determine the extent of your coverage. Remember, the insurance information matters whether you are in Las Vegas or any other state.
5. Seek Legal Advice
Consult with a personal injury attorney, especially if you sustained injuries or significant property damage. An attorney can help you understand your rights and explore legal options to recover damages.
Who Is Responsible in a Stolen Car Parked Car Accident?
- The Car Thief: The primary responsible party in this situation is the car thief. However, suing a car thief can be challenging. Thieves often lack the financial resources to pay for damages, and locating them can be difficult if they are not caught immediately. Simiarly, the situation becomes more complicated if the thief steals your car and gets in an accident.
- The Owner of the Stolen Vehicle: In general, the owner of the stolen car is not liable for damages caused while the vehicle was stolen. The theft absolves them of responsibility, as they were not in control of the vehicle during the hit and run accident.
- Your Insurance Company: In many cases, your own car insurance company will be the one to cover the damages. Depending on your policy, collision coverage, uninsured motorist coverage, and comprehensive insurance might all come into play.
A car accident attorney may also be a good option to discuss the legal results of such cases and ensure you stay safe in the future.
Who Pays for Car Repairs in a Parked Car Stolen Car Accident?
- Collision Coverage: If you have collision coverage, it will typically cover the cost of repairs to your car after it was hit by a stolen vehicle. Collision coverage applies regardless of who was at fault, making it a valuable part of your car insurance policy.
- Uninsured Motorist Coverage: Uninsured motorist coverage can also be helpful in this scenario. If the thief is not caught or is unable to pay for the damages, uninsured motorist coverage can step in to cover your costs.
- Comprehensive Insurance: Comprehensive insurance covers damages caused by incidents other than collisions, such as theft or vandalism. While it doesn’t directly cover the impact from a stolen car, it may cover related costs if your vehicle was damaged during the theft.
Can I Sue the Car Thief for Damages?
In theory, you can sue the car thief for damages. However, practical considerations often make this difficult:
- The thief may not have the financial resources to pay for the damages.
- Legal proceedings can be lengthy and costly.
If the thief is apprehended, it’s generally more efficient to rely on your insurance to cover the damages and let the insurance company pursue reimbursement from the thief if possible.
Can I Sue the Police Department for a Car Chase Accident?
Liability of the Police Department
Suing the police department for damages caused during a car chase is complex. Police departments generally have immunity from lawsuits arising from their official duties, including high-speed chases. However, there might be exceptions if you can prove that the police acted negligently or recklessly.
Proving Negligence or Recklessness
To succeed in a lawsuit against the police department, you would need to demonstrate that the officers’ actions were excessively dangerous and that they violated standard procedures. This can be a challenging and lengthy process, requiring substantial evidence and legal expertise.
How to Sue for Damages
- Consult a Personal Injury Attorney: An attorney can assess your case and help determine the best course of action.
- Gather Evidence: Collect all relevant documentation, including the police report, photos, medical bills, and witness statements.
- File a Claim: Your attorney will help you file a claim against the responsible party, whether it is the thief, the vehicle owner (in rare cases), or the police department.
- Negotiate or Litigate: Depending on the circumstances, your case may be settled out of court or proceed to litigation.
Will Insurance Cover an Accident With a Stolen Car?
Coverage Options
Your insurance coverage will largely determine whether your costs are covered:
- Collision Coverage: Pays for car repairs regardless of fault.
- Uninsured Motorist Coverage: Covers damages if the at-fault driver (the thief) is uninsured.
- Comprehensive Insurance: May cover related theft damages but not directly the collision.
Filing an Insurance Claim
When filing an insurance claim, provide your own insurance carrier with all necessary information, including the police report and documentation of the damage. Your insurance company will investigate the claim and determine the coverage based on your policy.
How an Attorney Can Help You When Your Parked Car Is Hit by a Stolen Car
When dealing with the aftermath of an accident involving your parked car being hit by a stolen vehicle, the legal and insurance complexities can be overwhelming. Engaging an experienced attorney can provide significant advantages in navigating this challenging situation. Here are the key ways an attorney can assist you:
- Understanding Your Rights: An attorney can explain your legal rights and options in clear, understandable terms. They can provide insights into who might be liable for the damages and what compensation you might be entitled to.
- Evaluating Your Case: A lawyer will assess the specifics of your case, including the extent of damages, insurance policies involved, and potential for legal action against the responsible parties.
- Dealing with Insurance Companies: Insurance companies often attempt to minimize payouts. An attorney can handle communications with your insurance carrier and the insurance company of the stolen car’s owner, ensuring that your interests are protected.
- Negotiating Settlements: Lawyers are skilled negotiators. They can work to secure a fair settlement from the insurance company, covering repair costs, medical bills, lost wages, and other damages.
- Identifying Liable Parties: If the thief is caught, your attorney can help determine whether it’s feasible to sue the thief or if there’s a case for negligence against the owner of the stolen vehicle.
- Maximizing Compensation: Attorneys calculate the full extent of your damages, including car repairs, medical bills, and lost wages. They work to ensure you receive fair compensation that covers all your losses and future medical expenses.
- Legal Guidance for Suing: If suing the car thief or police department is viable, an attorney helps file the lawsuit and seeks damages. They evaluate the feasibility of legal actions and pursue them accordingly.
Secure Your Rights with BLG
Dealing with the aftermath of a stolen car hitting your parked vehicle can be overwhelming. It’s crucial to act promptly by ensuring safety, contacting the police, documenting the scene, and notifying your insurance company. Understanding your insurance coverage and legal options can help you navigate this challenging situation. Consulting with a personal injury attorney can provide valuable guidance and increase your chances of recovering damages. Remember, while the process may be complex, taking these steps can help protect your rights and facilitate the recovery of your losses.
If your parked car was hit by a stolen vehicle, navigating the legal and insurance complexities can be overwhelming. BLG is here to help you every step of the way. Our experienced personal injury attorneys will fight to ensure you get the compensation you deserve.
Contact us today for a free consultation.
FAQs
How to report a stolen car?
Contact your local police department immediately to file a report. Provide details such as the car’s make, model, color, license plate number, and any distinguishing features. Notify your health insurance company as well.
How to check if a car is stolen?
You can check if a car is stolen by entering the Vehicle Identification Number (VIN) into the National Insurance Crime Bureau (NICB) database or contacting your local DMV. Some police departments also offer online tools to check the status of a vehicle.
How to file a police report?
To file a police report, visit your local police station or call their non-emergency number. Provide all relevant details about the incident, including time, location, and a description of what happened. Some departments may allow you to file reports online for non-urgent matters.