Question: I was traveling home from work and was hit by a stolen car that university police were chasing. They were out of their jurisdiction, and they chased him through a red light and into me. The insurance company of the stolen car wouldn’t cover the accident. What can I do?
BILL: Your “stolen” may not be the law’s “stolen.” The key issue is: did the car owner give the driver the keys? If so, that driver is called a permissive driver and is covered by the car’s insurance. If not, every policy I’ve ever seen says that insurance does not apply.
Now, you want your car fixed and any medical bills paid. There are several ways this could happen.
I have had situations where someone was said to have stolen the car, but we found out it was the car owner’s brother, and the car owner let him drive it all the time. We were able to get the insurance company to pay.
Uninsured motorist coverage will not cover your property damage. However, your own insurance company will if you have full coverage. Let me give my pitch for increased insurance coverage. I firmly believe that you should get as much coverage as possible. Insurance is to help you when the unexpected happens … like when you are hit by a stolen car. Thinking that getting the least coverage is the best financial decision is false. Please investigate uninsured/underinsured motorist coverage. It is amazingly inexpensive.
You did not mention if you were injured but let me talk a little about that. Uninsured motorist coverage would pay for your medical bills. It has been my experience that if the injuries are severe, you may need to combine several types of insurance to cover all the expenses. Some of the saddest situations I have encountered are when someone is injured, and there is neither enough insurance nor a faulty driver with enough assets to cover the expenses.
Now, getting the university police to pay is going to be tough. Police, governments, and some educational groups have particular rules under which they can be sued. There are severe time limits, amounts, and even situations where you must get their permission to sue. However, not all educational facilities are considered governmental. It is worth talking with a lawyer.
Now don’t give up without a fight. Talk to a personal injury attorney. Most will speak to you for free. Plus, remember that laws depend on where the accident happened. Florida, Mississippi, and Alabama all have different laws.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free. Plus, watch Bill every Sunday night at 10:30 on NBC 15 LawCall, our legal TV show, here in Mobile. Hosted by Andrea Ramey, it is on right after the news.