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 who pays, 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 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 it 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:
- Our Guide On Claiming If Hit By A Stolen Car And Who Pays For The Damage
- What Are Stolen Vehicle Accidents?
- Who Is At Fault In Stolen Car Accidents?
- Are You Liable For A Stolen Car?
- How Do You Establish Liability For Stolen Vehicle Accidents?
- Criminal Injury Claims Against Uninsured Drivers
- When Could You Claim Via The Motor Insurers’ Bureau?
- Stolen Car Accident Compensation Calculator
- What Other Damages Could Be Awarded?
- I Was Hit By A Stolen Car Who Pays For The Damage And What Do I Do?
- Stolen Car Accident No Win No Fee Claims
- Contact Legal Helpline
- Helpful Resources
- How Many Stolen Vehicles Are On The Road?
- Stolen Vehicle Accident FAQs
Our Guide On Claiming If Hit By A Stolen Car And Who Pays For The Damage
What if you are hit by a stolen car who pays for the damage? This is the focus of this guide, answering this question. The driver of a stolen car will not have insurance, so this may make things a little tricky if they are at fault for the accident. Although in some circumstances the insurance policy attached to the vehicle might apply. So who do you claim against? This will depend on whom is liable for the accident.
We start this guide with a basic introduction to what stolen vehicle accident claims are. Including why you could be in a position to claim if harmed by one. You will find a number of sections that give related information. The concept of fault and liability is covered. We then look at how the Motor Insurers’ Bureau MIB could be in a position to award you compensation.
The next part of this guide goes into detail about certain financial considerations of making a claim. We have added a table that gives examples of compensation ranges. This is followed by a discussion of some of the types of damages you may be able to claim for. The concept of using a No Win No Fee solicitor is introduced, and the fee structure for such a claim is defined. Lastly, we offer some advice on how to get your claim started. We have also added some useful links, statistics and answers to common related questions.
Deadlines For Starting A Claim
There are time limits in which you must begin your personal injury claim. It does not matter how long the claim takes to process. As long as it is started within the claims deadline. It is the circumstances of your claim that will decide this time limit.
The general time limit for personal injury claims is three years from the date of the accident. However, it can begin from the date of knowledge. This is when you first know your suffering was caused by negligence. It is likely that this will be the date the accident took place, but it could be different in some cases.
However, there are other factors that could come into play, that would affect this time limit. For example, if the claimant is covered by the Mental Health Act 1983, or they are under 18 years old. We would like to advise you to contact our advisors. Explain to them the details of your claim, and they will tell you which time limit is applicable.
What Are Stolen Vehicle Accidents?
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.
Who Is At Fault In Stolen Car Accidents?
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.
Are You Liable For A Stolen Car?
If a person is hit by a stolen car who pays for the damage, is it the owner? The answer to this question is a little more complex. What happens if somebody steals your car, and has an accident that they are liable for? The Road Traffic Act 1988 section 151 states that the insurer of the stolen vehicle has to pay the cost of any valid personal injury claim. This is pretty straightforward. But what happens if the car was not insured when it was stolen? For example, the vehicle had been put under a Statutory Off Road Notification (SORN) and was being kept in storage when it was stolen. Or if the insurance refuses to pay? Then personal injury claims can be put to the MIB.
How Do You Establish Liability For Stolen Vehicle Accidents?
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.
Criminal Injury Claims Against Uninsured Drivers
If a vehicle is used as a weapon to cause injury then the Criminal Injuries Compensation Authority CICA could provide compensation if injuries are caused. This is because they provide compensation to those who have suffered a criminal injury.
CICA is a government body that has been put in place to provide victims of criminal injuries a way to get compensation if no other route exists. You or your solicitor could apply to CICA for compensation on your behalf. For more information on making such a claim, call and talk to one of our advisors.
When Could You Claim Via The Motor Insurers’ Bureau?
Another answer to the question, if hit by a stolen car who pays for the damage? is that it could be the Motor Insurers’ Bureau (MIB). This is an organisation that receives money from each motor vehicle insurance premiums. This fund is then used to pay compensation to people who are injured in an accident caused by an uninsured driver.
Your solicitor, if you have chosen to use one, could apply to the MIB. In a very similar fashion to a standard personal injury claim. If you would like some additional help and advice about claiming made to the MIB, please call and speak to one of our advisors. They will be able to help you further.
Stolen Car Accident Compensation Calculator
Hopefully, by now, we have answered the question – hit by a stolen car who pays for the damage? for you. Now let’s look at some financial considerations.
It is impossible to provide you with an average figure for compensation if your personal injury claim is won. Every claim is at least somewhat unique. Either in the way the claim came about, or in the reasons for claiming damages.
Recently there has been reform to how drivers and passengers of vehicle accidents can claim for a personal injury. We look to the Whiplash Reform Programme. If your injuries are valued at less than £5000 then you would have to claim through the Government portal.
The table below demonstrates bracket amounts taken from the Judicial College guidelines. These amounts have been drawn upon using figures from past cases settled in court. If your circumstances mean that you do not claim through the Whiplash Reform then these figures can be used as a guide.
|Type of Injury?||How Severe?||Compensation||Information|
|Injured arm||Less severe||£18,020 to £36,770||There will have been significant disabilities, but there will also have been or will be substantial recovery.|
|Injured back||Minor||Up to £11,730||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.|
|Injured foot||Moderate||£12,900 to £23,460||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 leg||Very serious||£51,460 to £85,600||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 hand||Less serious||£13,570 to £27,220||An example of this would be a severe crush injury resulting in significantly impaired function despite undergoing surgery.|
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.
What Other Damages Could Be Awarded?
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.
I Was Hit By A Stolen Car Who Pays For The Damage And What Do I Do?
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.
Stolen Car Accident No Win No Fee Claims
Now we have answered the question, if hit by a stolen car who pays for the damage? Let’s talk about the personal injury claim process a little. You may be familiar with the phrase No Win No Fee. It is a common agreement used by law firms to provide legal services to accident victims.
A No Win No Fee arrangement means that you won’t have to pay an upfront fee to your solicitor. They do not need to be on a retainer, and they will not charge fees while the case progresses. Furthermore, you will not be asked to make any fee payments while the claim is being processed. This will be the case regardless of how long it takes to resolve the claim. Also, your lawyer won’t request payment if the claim fails.
You will be asked to pay a success fee to your lawyer if you win your case. There are legal limits on how much you must pay. Additionally, it can be deducted from the compensation payment that was sent to your solicitor on your behalf. Following this, the remainder of your compensation will be sent to you. If you would like more information about making a No Win No Fee claim, please contact our team. They will be able to assist you further.
Contact Legal Helpline
Do you need more help with the question, hit by a stolen car who pays for the damage? Then please use the information below to speak to one of our advisors. They can help you with an answer.
Telephone: 0161 696 9685
Webchat and contact form
Here are some other useful guides.
These links all have relevant info.
How Many Stolen Vehicles Are On The Road?
The graph below was created using data from the Office of National Statistics. It shows the age and number of stolen, non-recovered vehicles in 2017.
Stolen Vehicle Accident FAQs
Here are some answers to additional, related questions.
Does my insurance cover, stolen vehicle accidents?
You would need to check with your insurer as all policies differ.
Can I be liable if my car was stolen?
If a person is hit by a stolen car who pays for the damage if it was my car? Depends on who is at fault. If your car is stolen, your insurance policy may pay damages.
Written by MW
Edited by MM.