By Danielle Graves. Last Updated 6th October 2023. If you are hit by a stolen car who pays for the damage? In this guide, we are going to provide the answer to the question and more.
However, If you are hit by a stolen car, knowing who pays compensation is not as straightforward as you might expect. Read on to find out how the Motors Insurers Bureau (MIB) can help in cases such as these. But please bear in mind that just because a stolen car is involved does not automatically mean they are at fault.
Claims are all unique in some way. Yours might share some traits with other claims, but they won’t be identical.
Therefore, this guide might not answer all of your questions. In short, we simply can’t cover every possible combination of circumstances that could lead to a claim in one guide. However, if this guide does leave questions unaddressed, you can get the answers from our advisors. Just give them a call on 0161 696 9685.
Jump To A Section:
- Who Is At Fault In Stolen Car Accidents?
- What Are Stolen Vehicle Accidents?
- How Do You Establish Liability For Stolen Vehicle Accidents?
- Uninsured Driver Claims
- Compensation Calculator For A Car Accident
- What Other Damages Could Be Awarded?
- I Was Hit By A Stolen Car – What Evidence Do I Need?
- Stolen Car Accident No Win No Fee Claims
- Helpful Resources
If you are hit by a stolen car who pays for the damage if the driver didn’t cause the accident? It is possible, in some cases, to be hit by a stolen car, and the driver of the stolen car is not at fault. For example, if a third party caused the accident, and the stolen vehicle was simply one of the victims of the accident itself.
In cases such as this, the fact the driver had committed a criminal offence does not instantly make them liable. It will be the party that caused the actual accident that is at fault. In short, unless the driver of the stolen vehicle caused the accident, they will not be at fault. However, they may face separate criminal proceedings, outside of the claims case.
If you are hit by a stolen car who pays for the damage and harm you have suffered? To answer this question properly, we first need to define what a stolen vehicle accident is. A stolen vehicle accident can affect any road user. Such as the ones detailed below.
- The driver of a car, lorry, van, or other vehicles.
- A motorcycle rider or a cyclist.
- A passenger in a private vehicle, or the pillion passenger of a motorcycle.
- Passengers using public transport such as busses, coaches, taxis and minicabs.
- Pedestrians on a public or private road.
- Other road users such as horseback riders, for example.
However, to make a valid claim it must first be established who is at fault. Just because a stolen car is involved will not technically mean the driver of that car is liable. To be eligible to make a personal injury claim if involved in a stolen vehicle accident you must prove that you are not at fault.
However, the process is a little different to claiming for a car accident caused by a vehicle that was not stolen. We will cover this difference later in the guide.
Example Stolen Vehicle Accidents
Road traffic accidents can take many forms. Resulting in injuries from a minor case of whiplash to multiple fatalities. Below are some examples of road traffic accidents and injuries that could be caused by a stolen vehicle.
- A stolen car pulls out of a side road in front of an oncoming vehicle. Despite the airbag deploying, the driver of the oncoming vehicle suffers a neck injury or a back injury.
- A cyclist is forced off the road by a stolen van overtaking them. The cyclist falls into a ditch causing a soft tissue injury such as a shoulder injury.
- A pedestrian crossing the road is hit by a speeding stolen car. They suffer a hand injury such as a break or a fracture.
In relation to proving liability, then you need to know that this is the same as any vehicular accident.
To prove liability, you need to show that another road user took negligent action that caused the accident. The fact that the liable third party was driving a stolen vehicle doesn’t change this. If the driver of the stolen vehicle caused the accident, then they are liable. If it was a different driver of another vehicle that caused the accident, then they would be liable.
However, to make personal injury claims in such a situation, you must prove liability. The onus will be on you to show fault. Our advisors can provide you with some advice on how to do this. Give them a call for more help.
The Motor Insurers’ Bureau (MIB) is an organisation that works to compensate people who have been harmed by uninsured and untraced drivers. All insurers are required to pay into the MIB; this funding can then be used to compensate people who have been harmed by such drivers.
If a vehicle is stolen, and the driver of the vehicle causes you harm due to negligent driving, you will be able to claim through the MIB as the driver will not be insured. You could claim for any injuries you have suffered as well as any financial harm caused.
If you would like to learn more about the process of claiming through the MIB or uninsured driver claims, then please reach out to one of our advisers
If you’ve been hit by a stolen car, then you would generally need to claim through the MIB, as the driver would not have the correct insurance. Claims made through the MIB are generally calculated in the same as way as when you claim against an insurance company.
When legal professionals are working out the figure associated with your pain and suffering (a figure known as general damages), they consult a few different resources that assist them during this process. One of the most helpful is a publication called the Judicial College Guidelines (JCG). It’s made up of various injuries that you could potentially claim for after a stolen car accident. Each entry has an associated range of figures that are based on past court cases. However, you should only use them as a rough guide. This is because your own claim needs to be assessed individually before you find out how much compensation you could be owed.
We have taken the figures from the latest edition of the JCG (2022) in the table below. If you’d like a bespoke calculation, get in touch with our advisors today. We are always available and ready to help you.
The way whiplash injuries are valued changed when the Whiplash Injury Regulations 2021 were brought in. This means that if, as an adult passenger or driver, you suffered whiplash in a car accident, it will be valued according to a set tariff found in the legislation. Amounts from this tariff have been included in the table below. Please note, these are fixed.
|Type of Injury?||How Severe?||Compensation||Information|
|Injured leg||Very serious||£54,830 to £87,890||A permanent disability that requires a person to use crutches or mobility aids for the rest of his or her life. Multiple fractures that have taken years to heal, required extensive treatment, and resulted in deformity and limited movement, or where arthritis has developed in the joint, which may require more surgery.|
|Injured arm||Less severe||£19,200 to £39,170||There will have been significant disabilities, but there will also have been or will be substantial recovery.|
|Injured hand||Less serious||£14,450 to £29,000||An example of this would be a severe crush injury resulting in significantly impaired function despite undergoing surgery.|
|Injured foot||Moderate||£13,740 £24,990||For example, displaced metatarsal fractures resulting in permanent deformity and ongoing symptoms. It is possible to suffer from long-term osteoarthritis or require future surgery.|
|Injured back||Minor||Up to £12,510||Strains, sprains, disc prolapses, soft tissue injuries, or fractures that do not require surgery fall into this category. Aside from the duration of symptoms, there may be other factors that justify a higher or lower award.|
|Whiplash Tariff||Whiplash and a minor psychological injury||£4,345||This tariff applies to claimants who suffer with whiplash alongside a minor psychological injury with symptoms lasting 18-24 months.|
|Whiplash Tariff||Whiplash without a psychological injury||£4,215||This tariff applies to claimants who suffer with whiplash symptoms for 18-24 months.|
If you want a much more personalised estimate of how much compensation you might receive, call and talk to our team. They can advise you on how to arrange for a solicitor to evaluate your claim for you. Alternatively, you could be able to use an online personal injury claims calculator to do something similar.
A further consideration, after answering the question, if hit by a stolen car who pays for the damage? is what damages can you claim for? If you do win your stolen car accident claim, you will have two main reasons for claiming compensation. Firstly, general damages, that are paid for physical and psychological harm. Secondly, special damages, that are paid to compensate for some form of financial loss.
What Are General Damages?
These damages compensate for all of the pain and suffering you have endured as a result of the injury. The following examples illustrate general damages.
- The suffering you endured while receiving emergency treatment.
- A treatment or therapy that involves invasive or traumatic techniques.
- Trauma, shock, and pain at the time of the accident.
- Long-term disability or permanent impairment.
- Trauma causes mental conditions such as depression, anxiety, or post-traumatic stress disorder.
What Are Special Damages?
Each type of damage represents a monetary loss of some sort. Either an existing loss, or one that is anticipated. Examples of special damages are provided below.
- For the purpose of recouping earnings lost due to injury-related leave of absence.
- An injury will negatively impact your future work prospects, resulting in a loss of predicted lifetime earnings.
- Your out-of-pocket costs for any private medical care you received.
- Expenses that you incurred due to your injuries
- Any special medical care you might have required at home will be covered. As an example, if you had to pay a nurse to take care of you.
Contact our team if you have any questions about the types of damages you might be able to claim for in your own case. A claims advisor will evaluate your claim, and after learning enough about your situation, they will be able to advise you further.
If hit by a stolen car who pays for the damage? and what do I need to do to claim? Firstly, you are going to need to prepare for making a claim for an accident with a stolen car. There are some steps you can take here, and we have defined them below.
- Collect the driver and vehicle details for everyone involved in the accident if you can.
- Call the police to the site of the accident if they do not arrive on their own, and ask for the incident number.
- Take photographs of the site and the cause of the accident if it is safe to do so.
- Ask any witnesses to the accident for their contact details. So that they can be approached to give testimony if needed.
- Be sure to get medical treatment, even if you believe your injuries are only minor. This will ensure an official record of your injuries exists.
- Begin to keep a record of any financial losses that the accident has caused. Be sure to maintain bills, receipts, invoices, etc.
- Call and talk to one of our claim advisors to learn how to start a claim.
If you are eligible to make a road traffic accident claim, you may wish to do so with the support of a solicitor. If so, one of the specialist road traffic accident solicitors from our panel could work on your case. Typically, the solicitors on our panel provide their services under the terms of a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).
When your solicitor works under this type of agreement, they typically won’t ask you to pay anything upfront for their services. Additionally, there won’t be any ongoing costs for the work they provide. Furthermore, they won’t expect payment for their services if you are not awarded compensation following an unsuccessful claim.
However, if the outcome of your claim is successful, your solicitor will take a success fee from your compensation. This amount is a percentage that is subject to a legal limit.
Speak with an advisor from our team to discuss who pays for damage caused by a stolen car in the UK. They can assess whether you have a valid case if you were injured by a stolen car. If it seems like you do, you could be connected to one of the solicitors from our panel.
To get in touch with an advisor:
Here are some other useful guides.
- Road traffic accident compensation claims
- Claiming for tinnitus after a car accident
- Passenger injury claims
- How to claim for nerve damage after a car accident
- How long after a car accident can you claim compensation?
- Stolen car accident claims
- I had a car accident without wearing a seatbelt, can I still claim?
- Child car accident claims
- Taxi accident claims
- Car accident caused by mud on the road
- How to claim compensation for a back injury after a car accident
- Tennis elbow after a car accident
- How to claim compensation for anxiety after a car accident
- I was hit from behind in a car accident, can I claim whiplash?
- Roundabout car accident claims
- I was hit from behind in a car accident, do I need to pay my insurance excess?
- How to make a fatal road accident claim
- How to claim for road traffic accidents caused by animals
- How to claim through the Motor Insurers Bureau
- Merging into traffic accident claims
- Motor vehicle injury claims
These links all have relevant info.
- What To Do If Your Vehicle Has Been Stolen
- Overview Of Vehicle-Related Theft
- Info About Stolen Goods
Written by MW
Edited by MM