Being involved in a car accident is stressful enough. Finding out that the vehicle that hit you was stolen can make an already difficult situation even more confusing. You may immediately wonder who is responsible for your injuries, who will pay for your vehicle damage, and whether insurance will cover an accident with a stolen vehicle.
In California, the answer depends on several factors, including who caused the accident, whether the stolen vehicle was insured, what coverage you have under your own auto insurance policy, and the circumstances surrounding the theft.
If you have been injured in a crash involving a stolen vehicle, understanding your insurance coverage and legal options can be important.
What Happens When A Stolen Vehicle Causes An Accident?
When someone steals a vehicle and causes a collision, the person driving the stolen vehicle may not have permission from the vehicle owner to use it. This can create important questions about liability and insurance coverage.
California requires drivers and vehicle owners to establish financial responsibility. The California Department of Insurance explains that liability insurance generally covers injuries and property damage a person causes to others while operating a vehicle. California’s minimum liability limits for standard auto policies are currently $30,000 for bodily injury to one person, $60,000 for bodily injury to two or more people in one accident, and $15,000 for property damage.
However, the existence of an insurance policy on the stolen vehicle does not necessarily mean that the policy will automatically pay for every accident caused by a person who stole the vehicle.
Insurance policies contain specific terms, conditions, exclusions, and definitions. Whether a particular policy provides coverage can depend on the facts of the accident and the language of the policy.
That is why it is important to look beyond simply asking whether the stolen vehicle was insured.
Does The Stolen Vehicle Owner’s Insurance Cover The Accident?
This is one of the most common questions after a stolen vehicle accident.
A vehicle may have had an active insurance policy when it was stolen. However, that does not automatically mean the owner is personally responsible for an accident caused by the thief.
The circumstances surrounding how the vehicle was taken, whether the driver had permission to use it, and the terms of the applicable insurance policy can all matter.
California insurance law recognizes several different types of coverage, including liability, uninsured motorist, underinsured motorist, comprehensive, and collision coverage. Each type of coverage serves a different purpose.
If a vehicle was genuinely stolen and the thief was driving it without the owner’s permission, determining whether the owner’s policy applies can require a careful review of the policy and the facts of the accident.
The injured person may therefore need to look at other potential sources of compensation.
Your Uninsured Motorist Coverage May Be Important
If the person driving the stolen vehicle does not have applicable liability coverage, your own uninsured motorist coverage may become especially important.
The California Department of Insurance explains that uninsured motorist bodily injury coverage can provide benefits when you are injured in an accident caused by an uninsured driver. Underinsured motorist coverage may also apply when the at-fault driver’s insurance is not sufficient to cover the damages.
A stolen vehicle accident can create a situation where the at-fault driver does not have insurance that will respond to the claim. In some circumstances, this can make your own uninsured motorist coverage an important source of recovery.
Uninsured motorist bodily injury coverage may help with damages related to injuries, subject to the terms and limits of the policy.
This coverage can be particularly important when an accident results in significant medical expenses, lost income, or other losses.
What About Damage To Your Vehicle?
In addition to injuries, a stolen vehicle accident can cause significant property damage.
Your available insurance coverage may depend on the type of policy you purchased.
California’s Department of Insurance explains that collision coverage generally pays for damage to your vehicle resulting from physical contact with another vehicle or object. Comprehensive coverage generally applies to damage caused by events other than collision, including theft, vandalism, fire, and certain other covered events.
Uninsured motorist property damage coverage may also be available in certain circumstances when an identified uninsured driver causes damage to your vehicle. The California Department of Insurance currently identifies a $3,500 limit for uninsured motorist property damage coverage.
Your specific policy determines what coverage is available, along with applicable deductibles and limits.
What If You Were Injured By A Stolen Car?
A stolen vehicle accident can cause serious injuries, including:
- Broken bones
- Head and brain injuries
- Spinal cord injuries
- Neck and back injuries
- Internal injuries
- Soft tissue injuries
- Traumatic injuries requiring surgery
- Permanent disabilities
- Fatal injuries
The financial impact can extend well beyond the initial emergency room visit.
Depending on the circumstances, an injured person may have damages involving medical treatment, lost income, reduced earning capacity, property damage, and pain and suffering.
If you were injured because another driver was negligent, the fact that the vehicle was stolen does not mean you should automatically assume there is no legal option for recovering compensation.
The first step is determining what insurance coverage and potential sources of liability exist.
Does Uninsured Motorist Coverage Apply To A Stolen Vehicle Accident?
It can, depending on the circumstances and the terms of the policy.
The California Department of Insurance describes uninsured motorist coverage as protection for accidents involving a driver who does not have liability insurance. The department also explains that uninsured motorist bodily injury coverage can cover injuries to the insured and certain passengers when an uninsured driver is at fault.
A stolen vehicle accident may raise questions about whether the driver is considered an uninsured motorist for purposes of your policy.
This is one reason you should not assume that your claim is automatically covered or automatically denied.
Insurance companies review claims based on the facts of the accident and the applicable policy language. If an insurer tells you that you do not have coverage, it may be worth having the policy and claim decision reviewed so you understand the basis for that determination.
What Should You Do After An Accident With A Stolen Vehicle?
If you are involved in an accident involving a stolen vehicle, take steps to document what happened.
Call 911 And Report The Accident
If anyone is injured, seek emergency medical attention and call 911.
You should also notify law enforcement about the collision. A police report may be particularly important when the vehicle involved was reported stolen.
The California Department of Insurance recommends contacting the police after an accident and notifying your insurance company promptly.
Gather Information At The Scene
If it is safe to do so, collect information about the accident, including:
- The license plate number
- Vehicle identification number, if available
- Driver information
- Witness contact information
- Photographs of the vehicles
- Photographs of the accident scene
- Road conditions and traffic controls
- Visible injuries
- Damage to your vehicle
If police respond, make sure you obtain information about the report when it becomes available.
Notify Your Insurance Company
Report the accident to your insurance company as soon as reasonably possible.
Your insurer will need information about the accident to determine what coverage may apply. The California Department of Insurance recommends notifying your agent or insurance company promptly after an accident.
Review your declarations page and policy to determine whether you have uninsured motorist, underinsured motorist, collision, medical payments, or other applicable coverage.
Keep Records Of Your Injuries And Losses
Keep copies of medical records, bills, prescription receipts, repair estimates, wage documentation, and other records related to the accident.
If your injuries prevent you from working, documentation of missed work and lost income may also become important.
Do Not Assume The Accident Is Your Fault Because The Other Vehicle Was Stolen
Being hit by a stolen vehicle can leave you feeling like there is nowhere to turn. However, the fact that the vehicle was stolen does not automatically determine who is responsible for your injuries or whether insurance benefits are available.
There may be multiple insurance questions to investigate.
For example, you may need to determine:
- Whether the stolen vehicle had an applicable insurance policy
- Whether the policy provides coverage under the circumstances
- Whether the driver had permission to use the vehicle
- Whether your own policy provides uninsured or underinsured motorist coverage
- Whether you have collision or other applicable coverage
- Whether another party may have contributed to the accident
- Whether the accident caused injuries that require ongoing treatment
Every accident is different.
How A California Personal Injury Lawyer Can Help
Insurance claims involving stolen vehicles can become complicated because the person who caused the accident may not have insurance, the vehicle owner’s insurance may not provide the expected coverage, or multiple insurance policies may need to be reviewed.
A personal injury lawyer can investigate the circumstances of the accident, identify potentially applicable insurance policies, review the available coverage, gather evidence, and help determine what legal claims may be available.
At Fielding Law, our attorneys represent people injured in car accidents and other motor vehicle accidents in California and Arizona. Our firm focuses on negligence-based and intentional acts, including serious injuries and wrongful death.
If you were injured in a crash involving a stolen vehicle, you do not have to figure out the insurance issues on your own.
What To Remember After a Stolen Vehicle Accident
So, does insurance cover an accident with a stolen vehicle?
It can, but there is no single answer for every accident.
Coverage may depend on the stolen vehicle’s insurance policy, your own insurance coverage, the circumstances of the theft, who caused the accident, and the specific language of the applicable policies.
If you were injured, your own uninsured motorist or underinsured motorist coverage may be particularly important when the driver responsible for the accident does not have applicable insurance.
The California Department of Insurance recommends reviewing your policy carefully so you understand your coverage, limits, deductibles, and exclusions.
If you or a loved one has been injured in a stolen vehicle accident in California, consider speaking with a personal injury attorney about your situation. Fielding Law offers free consultations 24 hours a day, 7 days a week.
Call Fielding Law at 833.88.SHARK to learn more about your options.
Fielding Law, APC – Irvine, CA Office
505 Technology Dr Ste 250
Irvine, CA 92618
(949) 288-5484
Fielding Law, APC – Phoenix, AZ Office
2 N Central Ave Ste 1800
Phoenix, AZ 85004
(859) 578-4444
Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.
