Typically, while there are some exceptions, if someone steals your vehicle in Pennsylvania, you are not responsible for any damage caused by the accident. This means that the other driver can’t sue you, even if they have full tort insurance or suffered injuries that meet the serious injury threshold.
Furthermore, other drivers can’t file a claim against your insurance policies. Your policies only cover damage caused by your vehicle when it is driven by someone who has permission to drive your vehicle.
How Pennsylvania Car Insurance Works in Stolen Car Accidents
The car insurance system in Pennsylvania is pretty complicated. It combines aspects of no-fault and fault-based insurance systems in a way that no other state does. However, despite this complication, the system makes the same basic assumption that every other system makes: you are legally driving an insured vehicle.
To this end, every driver in Pennsylvania is required to purchase insurance to drive their vehicle on public roads. However, insurance policies are varied. Some policies follow the driver, but many policies follow the car. This means that if you are driving a car that you borrowed from a friend, your friend’s insurance would likely cover the damage of an accident you caused.
But what does that mean if a car is stolen? That is where the law gets even more complicated. While some insurance companies follow the car rather than the driver, those policies typically only apply if the car is being driven by someone who has permission to drive the vehicle. When they don’t, the policy may not apply.
All of this adds up to a complex situation that involves various laws and potentially conflicting insurance policies after stolen car accidents in Pennsylvania. If you are unlucky enough to be involved in a car accident involving a stolen vehicle, you could be in for a tough time dealing with the insurance companies.
Who Pays For Damages Caused By Stolen Vehicle Accidents?
If someone steals your car and gets into an accident in Pennsylvania, unless negligence on your part clearly contributed to the theft, you are not liable. But what does that mean for repairing your car?
Since collision insurance policies cover the car and not the driver, who is responsible for paying for the repairs to your vehicle? In stolen car accidents in Pennsylvania, typically, the owner of the vehicle will need to file an insurance claim with their own policy or cover the cost of repairs out of pocket.
There is a chance the thief will be discovered and will have the ability to compensate you for the damage to the car and other potential expenses. However, that isn’t likely. More likely, you will need to file an insurance claim against your collision coverage, and your insurance company might cover the repair costs.
Unfortunately, this means that you will have to pay the deductible, and your premiums might increase, depending on the contract you signed.
Situations Where the Car Owner May Be Held Liable
Unfortunately, the fact that your car was stolen isn’t always enough mitigation to prevent you from being held liable during stolen car accidents in Pennsylvania. There are several situations where you could be found liable, requiring you or your insurance company to compensate other parties who were injured.
Stolen Car Accidents in Pennsylvania Involving People Listed on Your Policy
In Pennsylvania, when you purchase car insurance, you include the names of anyone who is permitted to drive the vehicle on your insurance policy. Some insurance companies will require that any person of driving age that you live with is included in the policy.
All of the people named are covered, even if they are driving the car without your permission. Thus, if a family member who is listed on the policy takes the car, they would be covered by your insurance policy, even if you explicitly told them that they didn’t have permission to use it.
This is why it is so important to only include people on your policy whom you can trust. If there is any risk that someone might take your vehicle, you should remove them from your policy as soon as possible. Failing to do this could result in you being liable for a serious accident and facing a significant increase in premiums.
Unattended Running Vehicles
People typically aren’t responsible for stolen car accidents in Pennsylvania involving their vehicles because the law assumes that the driver took reasonable efforts to prevent their car from being stolen. Reasonable efforts, in most cases, mean little more than the car was locked and the keys were not inside the vehicle.
That is a very easy standard to meet. But some drivers fail at even that. If you leave your car running while you dash off to purchase a lottery ticket, your irresponsibility can lead to the theft of your vehicle. In that situation, you could be held at least partially liable for any injuries or damage caused in an accident.
Foreseeability in Stolen Car Accidents in Pennsylvania
The above example is a specific case of a more general principle: foreseeability. If you can reasonably foresee that your actions are likely to result in your car being stolen, you become at least partially liable for an accident if the car is stolen.
It is impossible to list every situation where you could potentially foresee that your car would be stolen. As a rule, though, you should take reasonable steps to prevent your vehicle from being snatched. The more careless you are, the more likely it is that you will face some level of liability.
Who Do I Sue if I Was Hit by Someone in a Stolen Car?
Pennsylvania drivers are required to purchase either full tort or limited tort insurance when obtaining the legally required car insurance. Regardless of which type of insurance you purchase, your injuries and any damage to your vehicle are initially covered by your insurance policies.
However, if your policy limit doesn’t fully compensate you, the type of insurance you purchased becomes important. Under full tort insurance, you have the right to file a lawsuit or a third-party insurance claim against the other driver for any uncovered costs or expenses and to obtain compensation for pain and suffering.
If you have limited tort insurance, though, you may only file a lawsuit or third-party insurance claim if your injuries meet the serious injury threshold. This means that in most accidents, you won’t be able to get non-economic damages or more compensation than the limits of your insurance policy.
Assuming you have the right to sue, though, the following are the parties that you can potentially sue.
The Driver That Stole the Vehicle
In most stolen car accidents in Pennsylvania, suing the driver of the vehicle is a lost cause. Typically, people who steal vehicles don’t have any car insurance. Also, if someone steals a car and gets into an accident, they will almost certainly flee the scene.
However, if you are lucky and the police identify the driver, you may be able to file a lawsuit. Unfortunately, someone who is stealing a vehicle may not have the assets to pay you after an accident.
Your Insurance Company
When the other driver can’t be identified or doesn’t have car insurance, you should be able to get compensation from your uninsured or underinsured driver policy. However, that assumes that your insurance company acts in good faith.
If your insurance company denies your claim, you can sue the company to make it fulfill its obligations under the terms of your policy. While suing a corporation isn’t easy, at least you can be certain that it can afford to pay any damages that are ordered by the court.
The Owner of the Vehicle
When the theft was foreseeable, as previously described, you may have the right to sue the owner of the vehicle. Likely, there will be limits to the damages you can receive in this situation, but it may help you get compensation when all other avenues are blocked.
What to Do if Your Car Is Stolen in Pennsylvania
If your car is stolen in Pennsylvania, state laws require you to report the theft to the police within 24 hours of when you discover that it was stolen. If you fail to report the theft, you could potentially be liable for actions performed by the thief, even if you otherwise took responsible actions to prevent it from being stolen.
You should also report the theft to your insurance company and the company that financed or leased the car, if applicable. When reporting a theft, provide the police with all identifying information for the vehicle. This includes:
- The make of the car
- The model of the car
- The year it was manufactured
- The car’s vehicle identification number (VIN)
- Insurance information for the vehicle
- Any distinguishing features like damage to the vehicle or decals you placed on it
- The color of the car
Some of this information may be on documentation that is in the glove compartment of the vehicle. However, your insurance company should be able to provide you with any information that was lost when the car was stolen.
Knowledgeable Pennsylvania Car Accident Lawyers
Wilk Law Personal Injury & Car Accident Lawyers has a reputation for getting results. When we take a case, we focus on ensuring that our clients get their lives back on track with compensation obtained by our legal team. Contact us today if you need help getting compensation after a stolen car accident in Pennsylvania.