Navigating Insurance Claims After Your Parked Car Is Hit by a Stolen Car

You might assume you’re safe from being in a car accident when your vehicle is parked, but you might still deal with property damage due to someone else’s recklessness. If someone hits your parked car, this can leave serious damage to your vehicle and leave you wondering who was responsible and how you’ll afford to repair the damage.

No one ever wants to see that their vehicle has been struck by another car. It can be all the more overwhelming if you report the damage, only to learn that your car was struck by a stolen car. 

These complex legal issues may prompt you to contact an attorney to help you ensure that you get full and fair compensation payouts through your insurance policy. The lawyers at Morgan & Morgan are very familiar with these kinds of issues and regularly work with people whose vehicles have been struck, especially if the insurance company is not providing you with enough information to get maximum coverage.

If you believe your parked car was hit by a stolen car, don’t wait to take action. Contact Morgan & Morgan today for a free, no-obligation case evaluation to get started.

Who Is at Fault in an Accident?

Typically, when someone strikes a parked vehicle, it is the moving vehicle's driver who is held responsible for this incident. There are some circumstances that may alter the blame of negligence, however, such as if you had parked your car illegally and were blocking the flow of traffic or otherwise causing problems that made it impossible for that driver to pass by you or move throughout the roadway. 

Be prepared that, if you open a legal claim against someone for circumstances related to an illegally parked car, these kinds of claims may be the defense. If you believe that the facts of the case are being distorted and that this may ultimately impact your ability to get your claim paid and to get your damages fixed, you need to share this information with your personal injury attorney or car insurance attorney. 

An experienced car insurance attorney is someone who will have handled many cases like this in the past and who remains committed to a full and fair investigation to reveal the facts of any specific case. Although you may be able to resolve issues around a car insurance claim on your own by negotiating directly with the insurance carrier, this is not always the case. You can face many different problems that can prompt you to engage the services of a lawyer if you believe that it will help you get the maximum payout. 

Who Pays for Car Repairs in a Parked Car Stolen Car Accident?

If you have collision coverage on your own car insurance policy, then the vehicle repairs will be paid for by your own insurance carrier. You will still be responsible for your deductible. If you are looking at at least a few thousand dollars in repairs and your deductible is relatively low, it is good to turn to your insurance company's collision coverage. If there is no collision insurance coverage on your policy, however, you will pay out of pocket for any repairs to your vehicle. 

If you have medical bills because you were in the car at the time it was parked, this depends on your state law. For example, you may have grounds to open a personal injury claim. In states such as Florida, you would need to turn to your PIP insurance for medical bills that are paid up to that policy limit. If you exceed that coverage, then your health insurance will cover the remaining medical bills. You are still responsible for copays and deductibles on those policies.

Who Is Responsible in a Stolen Car Parked Car Accident?

If you have been hit by the driver of a stolen vehicle in your state, it is likely that the driver of that stolen vehicle is responsible for your injuries and property damage. 

However, one of the biggest challenges that many victims in this situation face is that a criminal who steals a car is unlikely to pay for your damages, so you will have to turn to your car insurance company to cover these expenses. The question of whose insurance company should cover the balance of your bills is a major legal conflict in car accident cases and may prompt you to hire attorneys like the experienced lawyers at Morgan & Morgan. 

There are three different kinds of policies that may apply when a stolen vehicle strikes your parked car. The first is the insurance policy that covers the stolen car, the second is the insurance policy that covers the thief, assuming they have coverage, and the third is your own car insurance policy. If the vehicle is involved in an accident, even if the owner was not operating it, the insurance policy covering the stolen car could pay for the damage. Whether or not that policy will pay out depends on the structure of the policy, whether the owner of the vehicle intends to press charges for the theft and how the driver of the vehicle got access to it. Your own uninsured motorist coverage may provide money when you are injured by someone who does not have any insurance. Your uninsured motorist coverage will pay for your pain and suffering and even your medical bills if that applies. 

One of the most important things to do at the scene of an accident like this is to gather information regarding who caused the accident. You need to speak to an experienced and qualified lawyer.

What if I Have Problems With My Insurance Company?

It's not always easy to work with your insurance company even when you've been an on-time paying premium customer for years. Sometimes insurance companies are more concerned with protecting their bottom line or may be prepared to hike up your rates as a result of filing any claim. This is frustrating when it wasn't your fault that your parked car was struck by a stolen vehicle. Even when it seems relatively obvious to you that you shouldn't be blamed for this or have this held against you in the management of your car insurance claim, you may not be able to easily resolve these issues and move on with your life. 

Insurance companies sometimes engage in practices known as bad faith. Bad faith practices are illegal and may entitle you to open a separate legal claim against your insurance company. An example of a bad faith action is when your insurance company tells you information that is not in line with what is in your policy or refuses to pay out despite the fact that the details illustrate that you are entitled. If you need to engage a lawyer, you can hire an experienced attorney immediately like those working at Morgan & Morgan.

Our attorneys know that it is enough of a headache to deal with your car being struck while it was parked, much less only to discover that it was done by someone who is using a stolen vehicle. There may be criminal elements of your claim as well if the police have been able to discover who hit your car, but you might also have grounds for an insurance claim and a civil claim. 

To learn more, contact Morgan & Morgan today for a free, no-obligation case evaluation.