What Happens if Someone Else Is Driving My Car and Gets in an Accident?
Car insurance claims can be complicated enough, but things can get even murkier if your car has been stolen or hit by another stolen vehicle. Insurance companies often deny claims unfairly, leaving victims without the financial support they need.
If you’re facing an insurance dispute, a stolen car insurance claim lawyer can help protect your rights and ensure you receive a fair settlement. Read on as our car accident lawyers in Allentown shed some light on what to do if your stolen car is involved in an accident.
Accidents Caused by Stolen Cars in Pennsylvania
Pennsylvania saw a 13% increase in stolen cars year-over-year, according to recent studies. The jump in car thefts have drivers concerned over not only what to do if their car is taken but what might happen with such an irresponsible driver behind the stolen wheel.
When a car is stolen, it becomes more than just a loss for the owner — it turns into a serious public safety risk. Car thieves are not concerned with safe driving. Instead, they often speed, run red lights, and drive recklessly to avoid getting caught by law enforcement.
This kind of dangerous driving puts everyone on the road at risk. In cities like Milwaukee, where car theft rates have soared, stolen vehicles have been linked to hit-and-run accidents and high-speed police chases. These incidents frequently lead to severe injuries and even fatalities.
Another danger is that stolen vehicles are often used in other crimes, such as robberies or assaults, which increases the chances of reckless driving. Pedestrians, cyclists, and other drivers can become unsuspecting victims of a stolen car in the wrong hands. If you ever find yourself dealing with the aftermath of such an incident, consulting a stolen car insurance claim lawyer can help you understand your legal options.
What Happens if Someone Else is Driving My Car and Gets in an Accident in PA?
If someone borrows your car with your permission and gets into an accident in Pennsylvania, your insurance will generally cover the damages under “permissive use” rules. This typically covers situations like carpooling and teenage drivers.
However, if the person who caused the accident is not listed on your policy or is an unlicensed driver, your insurer may only offer limited coverage. It’s important to check your policy’s fine print to understand what is and isn’t covered. In fact, if you entrust your vehicle to an unlicensed driver, you become joint and severally liable for any damages they negligently cause.
If your car is stolen and then involved in an accident, the situation changes. Since you did not give the thief permission to drive your car, you are generally not held responsible for any damage or injuries they cause.
To help avoid complications, report the theft immediately to law enforcement and your insurance company. If your insurer denies or delays your claim, a stolen car insurance claim lawyer can help you challenge the decision and fight for the compensation you deserve.
Liability for Damage Caused by a Stolen Car: Important FAQs
If your car has been stolen and involved in an accident, you might be wondering whether you need to pay the damages. Read on to learn who pays in this situation and whether your insurance might cover it.
Does Insurance Follow the Car or the Driver in PA?
In Pennsylvania, insurance follows the car. This means that if someone borrows your car with permission and gets into an accident, your insurance is likely to still pay the damages. However, the driver’s insurance may provide secondary coverage if your own coverage does not cover the costs. Insurance can also follow the person in Pennsylvania, such as your own automobile insurance covering your medical bills if you’re hit as a pedestrian.
Who Is Responsible When a Stolen Car Hits Your Car?
If a stolen car hits your vehicle, determining who pays for the damages can be complicated. In most cases, the thief is responsible, but since they likely don’t have insurance, you may not be left with many options — especially if it was a hit-and-run accident. If the thief is caught, you could pursue legal action against them, but recovering compensation can be hard if they don’t have the assets to pay.
Your own insurance policy may provide coverage depending on your plan. For instance, uninsured motorist coverage can help pay for damages if the thief is not found or lacks coverage. This coverage is absolutely essential to protect you and your family, as you cannot control what insurance the other driver has.
Collision coverage can also cover repairs to your car, but you’ll have to pay your deductible. If your insurer refuses to honor your policy, consulting a stolen car insurance claim lawyer can help you fight back and get the compensation you are owed.
How Do Insurance Companies Investigate Theft Claims After an Accident?
When you file an insurance claim for a stolen car that was involved in an accident, your insurer will want to confirm the theft. The car theft insurance claim process usually begins with reviewing the police report.
Insurers also assess vehicle damage, check security footage (if it’s available), and may even interview witnesses. Additionally, they may examine your financial records to rule out fraud and make sure the claim is legitimate.
Unfortunately, some insurance companies use stolen car insurance claim investigations to delay or deny valid claims. They might argue that the theft was staged or that the policyholder was negligent in securing their vehicle, possibly leading to a stolen car insurance claim denied.
These tactics can be frustrating, especially when you are already dealing with the loss of your car. If your insurance company is giving you the runaround, working with a stolen car insurance claim lawyer can help. They can help you present strong evidence, negotiate with the insurer, and take legal action if necessary to protect your rights.
Why Are Car Crash Claims Denied?
Car insurance claims can be denied for various reasons, some of which may initially seem unfair or confusing. Here are a few reasons why insurers reject claims:
- Lack of Coverage: Your policy may not cover the specific type of accident or damage.
- Missed Payments: If your policy lapsed due to non-payment, your claim could be denied.
- Delayed Reporting: Failing to report an accident promptly can raise red flags for insurers.
- Disputed Liability: If the fault is unclear or the insurer believes you were responsible, they may reject your claim.
- Insufficient Evidence: Lack of police reports, photos, or witness statements can weaken your claim.
- Exclusions in the Policy: Some policies exclude coverage for certain situations, like uninsured drivers.
- Suspected Fraud: If an insurer suspects a staged accident or false information, they may deny the claim.
Pennsylvania also follows a full tort vs. limited tort system, which affects how much compensation you can recover from a car accident. If you have limited tort insurance, you may only recover medical expenses and lost wages but not pain and suffering — unless you meet specific exceptions, such as serious injury.
Full tort insurance, on the other hand, allows you to sue for all damages, including pain and suffering, regardless of the severity of your injuries. Choosing the right coverage can impact your ability to challenge a denied claim, so make sure you consult a stolen car insurance claim lawyer to confirm how much compensation you can pursue.
Can You Challenge a Car Insurance Claim?
Yes, you can challenge a denied car insurance claim. Insurance companies don’t always make fair decisions, but in many cases, you have the right to dispute their findings.
Start by reviewing your policy to understand your coverage and the reason for the denial. If the insurer made an error or unfairly denied your claim, you can appeal their decision.
Provide additional evidence, such as medical records, repair estimates, or witness statements, to strengthen your case. If negotiations don’t lead to a resolution, you may need to escalate the matter by filing a complaint with your state’s insurance department or seeking legal help.
How To Fight Against Insurance
If your insurance company denies your car crash claim, that doesn’t mean it’s the right decision. That doesn’t mean you have to accept their decision immediately.
Here’s how to appeal an insurance denial:
- Review the Denial Letter: Understand why your claim was rejected and check for inaccuracies.
- Gather Evidence: Obtain police reports, medical records, repair estimates, and any relevant documentation.
- Write an Appeal Letter: Clearly explain why you believe the denial was incorrect and include supporting documents.
- Request a Reconsideration: Speak directly with your claims adjuster and escalate the issue if necessary.
- File a Complaint: If the insurer refuses to communicate with you, you can report them to Pennsylvania’s insurance regulatory agency.
- Hire an Attorney: If you need assistance in filing a claim or negotiating with insurance, a personal injury attorney can handle the fight for you.
Challenging an insurance company can be difficult, but persistence and legal support from an accident lawyer can help you secure a fair outcome.
What Not To Say in an Insurance Claim
When filing a car accident claim, what you say can impact your case — we call these the do’s and don’ts of car insurance claims. First, try to never admit fault when possible. Let the investigation determine liability.
If you were injured in a car accident — caused by a stolen vehicle or not — remember that injuries aren’t always immediately apparent. You may have hidden injuries that worsen later, so it’s also important to avoid downplaying your condition or making any statements about the state of your health immediately following an accident. Stick to the facts — don’t speculate, over-explain, or provide unnecessary details that might clutter up your claim.
Before you file a claim, check it for these elements. If you’re unsure whether your claim is airtight, you can always consult an attorney to make sure it’s worded correctly. Finally, remember that initial claim offers are often low. Consult a lawyer before accepting any settlement.
What Can Your Insurance Company Do if Your Car is Stolen?
If your car is stolen, your insurance company will likely launch a stolen car insurance claim investigation before issuing a payout. First, they will probably ask you to file a police report, which helps confirm the theft.
Next, they may request additional documentation, such as proof of ownership, loan details, and recent maintenance records. During the investigation, insurers also check for signs of fraud, such as financial trouble or suspicious circumstances surrounding the theft.
If your policy includes comprehensive coverage, your insurer should cover the car’s actual cash value, minus your deductible in most cases. However, if you only have liability coverage, theft is typically not covered.
The car theft insurance claim process can take weeks or even months, especially if the car is recovered. In some cases, insurers may delay or deny claims unfairly, which is why it’s important to consult a stolen car insurance claim lawyer to protect your rights.
Free Consult With a PA Car Accident Lawyer
Dealing with a stolen car and an insurance claim can be frustrating, especially when insurers delay or deny payments. Whether your car was stolen and damaged or you were hit by a stolen vehicle, understanding your rights is the first step. The team of Pennsylvania personal injury lawyers at Cohen, Feeley, Altemose and Rambo are here to help.
Insurance companies often try to minimize payouts, which is why it’s so important to work with a stolen car insurance claim lawyer to secure the compensation you deserve. Don’t let the insurance company take advantage of you — schedule a free consultation with one of our experienced attorneys today.