What Are Your Legal Rights After Being Hit by a Stolen Vehicle?
Being struck by a stolen vehicle is a frightening and frustrating experience and might leave you wondering what happens if a stolen car hits you. Victims often suffer serious injuries and property damage, only to discover that the at-fault driver is a thief with no insurance, no assets, and often no identifiable information at all. Despite these challenges, New York law provides several avenues for victims to pursue compensation. Understanding your rights and acting quickly can make a significant difference in the outcome of your claim.
If you were hit by a stolen vehicle in Westchester County or the surrounding areas, the experienced attorneys of Denlea & Carton LLP can help you understand the legal and insurance jargon and fight for the financial recovery you deserve.
Understanding Liability in Stolen Vehicle Accidents
When a stolen vehicle causes a crash, determining who is legally responsible becomes more complicated than in typical car accidents.
The Difference Between Criminal Liability and Civil Claims
The person who steals and operates the vehicle commits a crime and can face serious criminal charges. However, criminal accountability does not automatically compensate the victim.
To recover damages, the injured party must pursue a civil claim or use available insurance coverage. Because thieves rarely have insurance or financial resources, victims must often explore other avenues.
Challenges in Recovering Compensation from the At-Fault Driver
In many stolen vehicle accidents, the thief flees the scene or cannot be identified. Even when they are caught, they almost never carry auto insurance, and personal assets are typically insufficient to cover damages. This makes direct recovery from the at-fault driver unlikely, so victims must look to their own insurance or other potentially liable parties.
Who Pays for Damage After a Stolen Car Accident?
Determining who pays after a collision involving a stolen vehicle depends on several factors, including available insurance coverage and whether any party acted negligently.
When a Thief is Uninsured or Unidentifiable
If the at-fault driver cannot be located or does not have insurance, victims may need to rely on alternative insurance options. These situations are treated similarly to hit and run collisions. Victims with the appropriate coverage may still be able to recover for medical expenses, lost wages, property damage, and more.
The role of your own auto insurance
Several types of auto insurance coverage can help victims after being hit by a stolen vehicle:
- Collision coverage, which pays for repairs to your vehicle regardless of who was at fault
- Uninsured or underinsured motorist coverage, which provides compensation for injuries when the at-fault driver cannot be identified or does not have insurance
- Personal injury protection (PIP), which covers medical expenses and lost income under New York’s no-fault system
When a Vehicle Owner Might Be Held Liable for Negligence
Though rare, vehicle owners may be held partially responsible if their negligence contributed to the theft. Examples include:
- Leaving keys in an unlocked car
- Failing to report the theft promptly
- Allowing an unauthorized or unsafe driver access to the vehicle
These situations require a detailed investigation to determine whether the owner breached a duty of care and whether that negligence contributed to the accident. An experienced car accident attorney will make sure the case is sufficiently investigated to assess fault and move forward in the right direction.
Steps to Take Immediately After Being Hit by a Stolen Vehicle
Taking the right steps after the crash can protect your health and your legal rights:
- Call 911 and report the accident immediately.
- Seek medical attention, even if injuries appear minor.
- Keep a copy of all medical records for your attorney.
- Document the scene with photos and videos if it is safe to do so.
- Get the names of any witnesses.
- Notify your insurance company, but avoid giving detailed statements until you speak with an attorney.
- Request the police report once it becomes available.
- Contact an experienced hit and run attorney to discuss your options.
Can You File a Personal Injury Lawsuit After a Stolen Vehicle Accident?
Yes. Victims of stolen vehicle accidents may be able to file a personal injury lawsuit in several situations, depending on the circumstances of the crash:
- The thief is caught and can be held civilly liable: If the individual who stole and drove the vehicle is identified, they can face a civil lawsuit to recover damages for medical bills, lost wages, pain and suffering, and property damage. While criminal charges address punishment, a civil case focuses on compensating the victim.
- The vehicle owner acted negligently: In some cases, the owner of the stolen vehicle may be partially responsible if their negligence contributed to the theft. Examples include leaving keys in an unlocked car, allowing an unauthorized person to use the vehicle, or failing to take reasonable precautions to secure it. Victims may pursue a claim against the owner for their share of liability.
- Another party negligently allowed the theft to occur: Occasionally, businesses or institutions such as repair shops, valet services, or parking garages may bear some responsibility if they failed to secure the vehicle or acted negligently in a way that enabled the theft.
- Your injuries meet New York’s serious injury threshold: If your injuries are severe enough to meet the state’s legal standard, you may be able to file a lawsuit that goes beyond the limitations of no-fault insurance coverage. This can include compensation for long-term disability, chronic pain, or permanent scarring.
Even in cases where filing a lawsuit is not possible or practical, insurance benefits can still provide substantial recovery. Your best chance at securing compensation in spite of the strange legal situation being hit by a stolen vehicle can cause is to acquire the help of a hit and run attorney who will turn over every stone possible to secure compensation for you.
How Denlea & Carton LLP Can Help
Being hit by a stolen vehicle creates unique legal and insurance challenges that victims should not face alone. Denlea & Carton LLP has extensive experience handling stolen car collisions, hit and run accidents, and uninsured motorist claims. Our firm provides comprehensive support by:
- Conducting a thorough investigation of the crash, including obtaining police reports, surveillance footage, and witness statements.
- Working with law enforcement agencies to help identify the at-fault driver whenever possible.
- Reviewing all available insurance policies to determine coverage options such as collision, PIP, and uninsured motorist benefits.
- Challenging unfair insurance denials or low settlement offers.
- Assessing whether the vehicle owner or another party may share liability for negligent actions that enabled the theft.
- Coordinating medical documentation to establish the full extent of your injuries and losses.
- Handling all communication with insurers so victims are not pressured or misled.
- Pursuing every possible source of compensation, including civil claims, insurance benefits, and supplemental coverage.
Denlea & Carton LLP understands the complexities involved in stolen vehicle accidents and will advocate aggressively to ensure victims recover the full compensation available under New York law. If you were injured by a stolen vehicle, our firm is ready to guide you through each step of the process.
If you or a loved one were injured by a stolen vehicle, Denlea & Carton LLP stand ready to help you in your time of need. Contact us at (914) 331-0100 to schedule your free, confidential consultation and learn more about your legal options.
