If you have been injured in a road traffic accident with a stolen car you could be left with physical and emotional injuries as well as damage to your vehicle. In such instances, you may be wondering who is responsible for paying for any repairs to your vehicle or who is liable to pay compensation for your injuries. In this guide, we look at what happens when someone is hit by a stolen car, who pays compensation and how to make a claim.
We will cover determining fault in road traffic accidents and who pays for damage caused by stolen vehicles. You can find information on the role of the Motor Insurers Bureau in your claim and how eligibility for personal injury compensation is determined. Our guide also provides information on different aspects of the claims process and how compensation may be calculated. Later in the guide, you can find information on reporting incidents to the police and any liability owners have if their car is stolen. Finally, you can find further resources related to car accident claims.
To start a claim for damage caused by a stolen car:
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Browse Our Guide
- Understanding Liability In Stolen Car Accidents – Who Is At Fault?
- Who Pays For Damage Caused By A Stolen Vehicle?
- The Role Of The Motor Insurers’ Bureau (MIB) In Stolen Car Claims
- Are You Eligible To Make A Claim For Your Injuries Or Damages?
- Claiming Compensation For Injuries Caused By A Stolen Car
- How Much Compensation Can You Claim For Stolen Car-Related Injuries?
- How The Police Handle Stolen Car Accidents
- If Someone Steals My Car And Crashes, Am I Liable?
- If My Car Was Stolen, Will My Insurance Go Up?
- More Information
Understanding Liability In Stolen Car Accidents – Who Is At Fault?
In order to claim compensation for an accident involving a stolen car, you must show that they (or another party) were at fault. Determining liability or fault may be straightforward. However, in some cases, it can be complex. To do so may involve various factors which should be taken into consideration. In general, the party liable will be the party who was at fault, causing the accident.
Parties who may be liable to pay compensation for an accident with a stolen car could include:
- The driver of the stolen car – this individual may be liable if they caused the accident. As the vehicle is stolen it is unlikely that they or the vehicle would be insured.
- A third-party driver – you may have been involved in a multi-car accident in which the driver of the stolen vehicle was not at fault.
- Contributory negligence – you may be found to be partially at fault if it can be shown that your actions contributed towards the accident taking place or more severe injuries. For example, if you were in a car accident without a seatbelt you may still be able to claim, but any compensation could be paid at a reduced rate.
In the next part of our guide, we look at who your claim may be made against if you were hit by a stolen car and who pays any compensation settlement.
Who Pays For Damage Caused By A Stolen Vehicle?
Following on from the previous section, once it has been determined who was at fault, it will be easier to identify who any claims could be made against and who pays damages for accidents caused by a stolen vehicle.
Who pays for damage caused by a stolen car may depend on the circumstances of the accident and the type of insurance policies in place.
Does Your Car Insurance Cover Stolen Car Accidents?
Depending on the type of insurance coverage in place, the insurance company of the other vehicle involved in the accident may cover damages caused by a stolen vehicle.
In most cases, the vehicle owner’s insurance policy will not cover damages caused after the car has been reported stolen. However, if the owner has comprehensive coverage, this may include theft and damages caused by the stolen vehicle.
If you had fully comprehensive insurance in place at the time of the accident you may be able to make a claim against your own policy. Whilst this may seem unfair, it may be an avenue through which you could make a claim.
Are You Covered If A Stolen Car Damages Your Property?
Again, whether you are covered if a stolen car damages your property will depend on the type of insurance policy you have in place and the circumstances in which the accident took place. You may be covered by your own vehicle or even home insurance depending on your policy.
Please contact our team to find out more about compensation if you’ve been hit by a stolen car and who pays.
The Role Of The Motor Insurers’ Bureau (MIB) In Stolen Car Claims
The Motor Insurers’ Bureau (MIB) is an organisation which may compensate the victim of a car accident where the party responsible was an untraced or uninsured driver. All vehicle insurance policies in the UK pay into the MIB to fund compensation settlements.
If there are no other avenues through which to make a claim, you may do so through the MIB. Whilst you do not have to use a solicitor when doing so, we believe that one that specialises in road traffic accidents could help you to navigate the process of making a claim through the Motor Insurers’ Bureau.
Have you been hit by a stolen car? Who pays compensation? Get legal advice by talking to a member of our team today.
Are You Eligible To Make A Claim For Your Injuries Or Damages?
Whether you had a car accident at a roundabout, were hit from behind or were involved in any other type of car accident, you must meet strict eligibility criteria in order to claim compensation.
All road users have a duty of care to each other to use the roads in a safe manner that avoids causing injuries and damage. They must ensure that they comply with legislation such as the Road Traffic Act 1988 and also with the Highway Code. Failure to do so, such as by driving a stolen vehicle, could result in injuries.
To claim for any type of road traffic accident you must show that:
- You were owed a duty of care by the other road user.
- The duty of care was breached by this road user.
- The breach resulted in your being harmed.
Road traffic accident compensation claims could be made if the driver of another vehicle has failed to uphold their duty of care to you.
If you suffered a whiplash injury your claim may be handled through a different avenue. In 2021 the Whiplash Reform Program was brought in, affecting claims in England and Wales. Your claim may be impacted if you were:
- The driver or passenger in a vehicle.
- Over the age of eighteen.
- Suffered an injury valued at less than £5,000, such as whiplash.
If you are impacted, your injury will be valued according to the fixed tariff as set out in the Whiplash Injury Regulations 2021. We will include entries from this later in our guide.
Please get in touch with our team for advice on how to make a claim if you were hit by a stolen car and who pays the compensation.
Claiming Compensation For Injuries Caused By A Stolen Car
Having answered the question, “I was hit by a stolen car, who pays compensation?” We now look at the process of doing so. Whether you claim through the MIB or are able to do so directly against the driver, you will need to gather supporting evidence which shows that the road traffic accident took place, that you were harmed and who was responsible for the incident.
Gathering Evidence To Prove You Were Not At Fault
Any road traffic accident in which someone has been harmed or where a vehicle has been damaged should be reported to the police. You should provide the police with as much information as possible about the vehicle and incident. If possible, this should include the make, model and registration number of the vehicle. You should also provide any details available about the person driving the vehicle. You can then request a collision report from the police, which may be used in your claim.
Further proof may include:
- Statements from witnesses.
- Photographs of any (visible) injuries.
- Photographs of any damage to vehicles involved in the incident, marks on the road and those of the accident scene.
- A copy of your medical records showing your injuries. These could be obtained from the NHS or a private healthcare provider.
In addition, you may submit footage of a road traffic accident caught on a dashcam or CCTV.
Finding A Solicitor And No Win No Fee Claims Agreements
Having completed a police report and collected supporting evidence for your case your next step could be to contact a No Win No Fee solicitor. A solicitor could explain the best avenue to claim compensation, whether making a claim against the other driver, through the MIB or to make a criminal injury claim.
We understand that taking legal action could seem daunting and that you may be worried about the cost of doing so. This is why the solicitors who make up our panel could offer to handle your claim under a Conditional Fee Agreement (CFA).
Through a CFA, you could claim compensation without needing to pay for your solicitor’s services if the claim is not successful. You also won’t need to pay for your solicitor’s services in advance or whilst the case is ongoing.
If you win, you will need to pay a success fee. This fee is calculated as a percentage of your compensation and there is a legal cap on this.
Time Limits For Making A Stolen Car Accident Claim In The UK
The standard time limit in which to make any type of personal injury claim is three years from the day the car accident happened. This was set by the Limitation Act 1980. If you need to make your personal injury claim via the MIB, the same three- year time limit will apply.
However, there are exceptions to this time limit. Where the victim was a child or where they do not have sufficient mental capacity to claim on their own behalf, the time limit is suspended. The time limit will apply either from the child’s eighteenth birthday, or the date the person regains their mental capacity. However, a litigation friend could be appointed to make a claim on behalf of the injured party while the time limit is suspended.
Please contact our team to find out what personal injury time limit could apply to your case.
How Much Compensation Can You Claim For Stolen Car-Related Injuries?
Having looked at the question, “I was hit by a stolen car, who pays damages” we will look at how such damages may be calculated.
Successful road accident compensation claims may be awarded special and general damages. General damages compensate people for their pain and suffering. To work out what you may be eligible to claim, your solicitor or others involved with calculating compensation may refer to the Judicial College Guidelines (JCG).
This document contains figures which can be used as a guide for how much may be awarded for a type of injury. The table below looks at several examples from the JCG. The headline figure does not come from the JCG and it also includes compensation for expenses and financial losses. Similarly, the final two entries are taken from the fixed whiplash tariff found in the Whiplash Injury Regulations
| Injury | Severity | Notes | Compensation Guideline |
|---|---|---|---|
| Multiple injuries and related expenses | Serious | Multiple forms of injury where loss of earning and expenses are also awarded. | Up to £1,000,000+ |
| Brain or head injury | Very severe brain damage - A | The person may be left able to follow some basic instructions, but they show little to no environmental responses and require nursing care full time. | £344,150 up to £493,000 |
| Paralysis | Paraplegia - B | Compensation may be based on how independent the person is and the degree of depression present. | £267,340 up to £346,890 |
| Neck injury | Severe - A (ii) | Serious damage to the cervical discs, fractures, etc. | £80,240 up to £159,770 |
| Post-traumatic stress disorder | Severe - A | The symptoms extend to all parts of the person's life. | £73,050 up to £122,850 |
| Back injury | Severe - A (ii) | Nerve root injuries or other injuries causing loss of sensation and impaired mobility. | £90,510 up to £107,910 |
| Hip injury | Severe - A (iii) | This bracket includes many injuries, including a fractured hip resulting in instability in the leg. | £47,810 up to £64,070 |
| Wrist injury | Less severe - C | Whilst less severe there is still some permanent disability. | £15,370 to £29,900 |
| Whiplash injury | Lasting 18-24 months | Whiplash with psychological injuries. | £4,345 |
| Whiplash injury | Lasting 18-24 months | Whiplash injuries. | £4,215 |
Financial Losses And Expenses
If you were hit by an uninsured driver, your injuries may have resulted in you taking time off work, losing income and having to meet various expenses. Your compensation settlement may also take these into account under a second head of claim called ‘special damages‘.
You could be compensated for financial losses and expenses such as:
- The cost of repairs to your vehicle and other property damage.
- Loss of earnings and related income.
- Medical expenses, including care expenses.
- The cost of mobility equipment.
- Travel expenses.
- Home adaptation expenses.
You must provide evidence to claim for any of these losses. Get in touch with our team to learn more about what you could claim if you were hit by a stolen car and who pays the compensation.
How The Police Handle Stolen Car Accidents
Both the car theft and the subsequent accident should be reported to the police. The police will try to recover the stolen vehicle. If they do, this will be impounded for safekeeping. The police will then investigate the accident and driver. If the driver is identified, the police will try to catch them and prosecute them if there is sufficient evidence to secure a conviction.
What If The Driver Of The Stolen Vehicle Is Never Caught?
If the driver of a stolen vehicle is neither identified or caught no conviction will be able to take place. In this instance, your claim may be made via the MIB (as identified earlier in this guide).
Get legal advice on how to file a claim for road traffic accidents involving stolen vehicles.
If Someone Steals My Car And Crashes, Am I Liable?
If someone steals my car and gets in an accident, am I liable? The simple answer to this question is no. As the vehicle owner, you will not be liable for any accidents subsequent to the theft of your vehicle.
Legal Responsibilities Of Car Owners
Car owners must take reasonable steps to prevent the theft of their vehicle. This could include parking their car in a safe place and ensuring all doors and windows are securely locked. If a vehicle is stolen, it should be reported to the police and insurance company at the earliest possible opportunity. Car owners should also comply with any requirements from their insurance company. Failing to take such steps could affect the liability of a vehicle’s owner. However, fulfilling such steps could help to protect yourself financially and legally.
You can read more about preventing car and vehicle theft in this guide from the Metropolitan Police.
If My Car Was Stolen, Will My Insurance Go Up?
If your car is stolen, your insurance premiums may increase. This may happen whether you make a claim against your insurance policy or not. Vehicle insurance providers may view you as a higher risk. This increased risk may result in insurance companies raising your premiums when you renew your policy. The rate of increase may depend on a variety of different factors.
If you have been impacted by any of the circumstances discussed in this guide, please contact us to find out how a car accident lawyer could help you.
More Information
Find further resources on car and other road traffic accident claims in these guides:
- Check how to make a fatal road accident claim in this guide.
- Find out if you could claim for a back injury after a car accident in this guide.
- Learn more about how to claim for a road traffic accident caused by an animal in this guide.
Helpful references:
- Find out what to do if your vehicle has been stolen in this government resource.
- Learn about claiming Statutory Sick Pay for time off work recovering from your injuries.
- Find out more about first aid in this NHS resource.
We hope our guide answered the question, “I was hit by a stolen car, who pays compensation?” If you have any further questions about road traffic accident claims, please contact our team.
