If my car is stolen and in an accident, can a claim be made on my insurance?
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If my car is stolen and in an accident, can a claim be made on my insurance?
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Can victims of an accident caused by my car claim against my insurance even if the car had been stolen from me? Additional Details Just wanted to add that this is a hypothetical situation that I was discussing with someone this morning... I wondered whether the fact that the thief had had an accident with the car would just make it even worse for your premiums afterwards (despite the fact that it had already been stolen)
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fighting saints
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You would be surprised how often this situation actually happens.
If your car is stolen and the thief caused damage or injuries to somebody else your policy would not cover it. In order for your policy to cover damages either you (or somebody you give permission to drive your car) must be negligent and legally liable for those damages. Since the car was stolen and not under your control you would have no negligence or legal liability.
The injured people could try suing you, but the court would toss the case out because again you would need to be legally liable.
I have handled a couple stolen car claims where our policyholder left the keys in the car and somebody stole it. The thief then caused damage to somebody else. The other party then tried to claim that our policyholder was negligent for leaving the keys in the car. I denied the claim and the other party found a lawyer dumb enough to sue us. The court dismissed the case saying that while leaving the keys in the car wasn't smart it did not constitute negligence for the damages. |
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Rica 82
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Good Question. And no your insurance company will not take responsibility for an accident that was caused by a stolen vehicle. If someone was injured, then they would have to sue their own insurance company, like Uninsured Motorist, to get any money. Your insurance company wouldn't extend coverage to people for an accident that their insured personally did not cause. However, lets say your car was not stolen, but you lent it to a friend, then you would get sued. |
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blb
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You will be able to turn in a claim for the damages to your vehicle but your insurance will not cover the damages done to the other vehicles. If you give someone permission to drive your vehicle the damage they do in an accident is covered. If you have not given your permission there is no coverage under the liability portion of your policy. |
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buttrfly52
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Anyone can make a claim on insurance, but will they pay out is a different story. Most companies state that only a named insured or a permissive use driver is covered. Since he/she would be neither, then they more than likely wouldn't cover it. Just make sure that as soon as your car is stolen you report it. Otherwise, if you report that it was stolen AFTER you are notified of the accident, they may think that you were trying to get out of the responsibility. Now, the other party may try to sue you for damamges since you were the owner of the vehicle that hit them. Just make sure you cover yourself with a police report as soon as you know it is stolen! |
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2Cute2B4Got
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Yes, inturn have to file a claim for theft. Hopefully, you had already reported your car as stolen. The insurance will ask for a police report. |
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minime
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i would have said no , insurance companys always try to find a way out of paying for anything so i am sure they will find a way out of this one, anyway if you reported the car stolen then whatever happens to it is not your responsibility is it. |
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Lisa
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the accident shouldnt even come into it as you should have made a claim for a stolen car before the accident happened.
So the answer is no to making a claim for the accident but yes to the claim for theft |
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Robin
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I don't think that can happen, afterall it is YOU who are insured to drive the vehicle. If the car is stolen and you are not at the wheel then you cannot be claimed against. |
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weaver268
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if you have a police report of it bing stolen |
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dugwhite2
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As an insurance claims adjuster I can tell you that the answer is a definate NO...
Your insurance company would deny the claim, no matter what insurance company you have.
Any person injured, or car/property damaged by your car after it was stolen would be denied. They would have to sue the driver (thief), or his insurance company. The other cool thing is if they try to sue you for damages, then your insurance company would have to provide you legal defense in court, no charge to you. |
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thehotmustards@btinternet.com
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No a the driver driving your vehicle obviously without your permission is not insured. Your insurance will detail out who can drive your vehicle. However, I guess you are putting a claim in for damage for your vehicle if it was involved in a theft and subsequently damaged so you will lose your NCD anyway unless protected, therefore, are you bothered who claims? It will be down to the insurance company how much they pay and I guess they will not pay unless they have to!!! |
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phuk1t
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it bleeding well does cover it.........some thieving scrote ba%^&*d 14 year old decided to relieve me of my car one night,took out 30 foot of garden wall wrote two cars off and it came off my policy.........oh and i got a bollocking when i asked the police man i hope he was going to tell me the scrote hurt himself!!!!!!!!!!!!!!!!! No such luck ..wouldnt even give me his details to suye his parents 'cos "he's a minor sir" |
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hdf69
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Yes they can and your insurance will have to decide how they will handle it after an investigation. |
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