Who Pays for Damages Caused by a Stolen Car?
Key Takeaways:
- When a stolen car causes a crash, the thief (not the vehicle owner) is usually responsible for the damage.
- Florida insurance coverage varies by situation, and victims may need PIP, UM coverage, or collision/comprehensive benefits.
- Vehicle owners may be liable only in rare cases involving negligence, such as leaving keys accessible.
- If a stolen vehicle hits you, steps like reporting the crash, seeking medical care, and contacting an attorney protect your claim.
- An attorney can help when insurers dispute liability, delay claims, or attempt to deny coverage based on alleged negligence.
When a stolen vehicle causes a crash, the situation becomes confusing quickly. You may be dealing with injuries, property damage, and insurance adjusters who immediately begin debating liability. At Fine, Farkash & Parlapiano, P.A., we understand how overwhelming this is. You deserve clear answers and support during a difficult time.
Below, we break down who pays for damages, how Florida insurance applies, and what steps to take to protect your rights.
How Accidents Involving Stolen Cars Typically Work
When a thief takes a car and causes a crash, liability generally does not follow the normal rules. Normally, the at-fault driver’s insurance pays for the victim’s damages. But when the car is stolen, the legal driver is not the person listed on the insurance policy, and that changes everything.
Key points to understand:
- The thief is legally responsible, not the car owner.
- The vehicle owner’s insurance usually does not cover the thief’s actions.
- A police report is required for insurance claims involving stolen vehicles.
Because a stolen car accident involves criminal activity, insurers must first confirm the theft. The claim process often pauses until police verify that the vehicle was, in fact, taken without permission.
Is the Car Owner Responsible?
In most cases, no, the car owner is not liable for damage caused by a stolen vehicle. Florida law recognizes that you can’t control what a thief does once they take your car.
There are limited exceptions:
A vehicle owner may be held responsible if their negligence helped enable the theft. Examples include:
- Leaving the car running and unattended
- Leaving keys in the ignition
- Leaving key fobs inside a push-start vehicle
- Failing to secure the vehicle despite obvious risks
Cases like these are fact-specific. If an insurance company claims the owner was negligent, it’s important to speak with an attorney quickly so the facts can be evaluated fairly.
When liability is disputed, insurance companies often move quickly to argue that the vehicle owner “should have prevented” the theft. These investigations look at details like where the car was parked, whether the keys were secured, and whether the owner took reasonable steps to protect the vehicle. Unfortunately, these reviews can feel one-sided and may overlook important facts about how the theft actually occurred. If you’re being blamed unfairly, or if you were hit and the insurer is trying to deny coverage based on alleged negligence, an attorney can step in right away to protect your rights and ensure the situation is evaluated accurately.
When Insurance Pays
Crashes involving stolen vehicles often rely on your own insurance, especially in Florida’s no-fault system. Understanding how each type of coverage works can make a big difference in protecting your claim.
Comprehensive Coverage (For Vehicle Owners)
If your car was stolen and damaged:
- Comprehensive insurance covers theft, vandalism, and damage caused by the thief
- It can pay to repair or replace the vehicle
- You’ll typically have a deductible
- This coverage is optional in Florida, so not all drivers have it
Collision Coverage
If the thief crashes your car, collision coverage may help pay for repairs. This applies even though you weren’t driving, as long as the vehicle was properly insured.
Uninsured Motorist (UM) Coverage
If you were the victim, meaning a stolen car hit you, UM coverage is often the most valuable protection you have.
Because thieves rarely carry valid insurance:
- UM can pay for medical bills, lost wages, pain and suffering, and long-term losses
- UM also protects passengers
FFP Law strongly encourages Florida drivers to carry UM coverage because it fills the gaps left by uninsured or hit-and-run drivers.
Personal Injury Protection (PIP) in Florida
Florida is a no-fault state. PIP pays regardless of who caused the crash, including:
- Medical bills
- Lost wages
- Some related expenses
To use PIP benefits:
- You must seek medical treatment within 14 days of the crash
- PIP provides up to $10,000 in benefits (sometimes limited to $2,500 if no emergency medical condition is diagnosed)
What If You Were Hit by a Stolen Car?
If a stolen vehicle hits you, your priority is to protect your health and your legal rights. Here is what to do:
1. Call 911
Police must document the crash and confirm the stolen status of the vehicle. This report becomes essential for the insurance claim.
2. Seek Medical Care Immediately
Even if injuries seem minor, prompt medical care strengthens both your health and your PIP eligibility.
3. Gather Evidence (If You Can Do So Safely)
Helpful evidence includes:
- Photos of all vehicles
- Skid marks, debris, crash scene details
- Contact information for witnesses
4. Notify Your Insurance Company
Explain that the at-fault vehicle was stolen. Your insurer will review PIP, UM, collision, or other applicable coverages.
5. Contact an Attorney
Claims involving stolen vehicles often face delays, disputes, and low settlement offers. An attorney can help ensure your rights are protected and the insurance company treats you fairly.
Can You Sue the Thief?
Legally, yes, the thief is responsible for the damage. You can pursue a civil claim against them for:
- Property damage
- Medical costs
- Lost wages
- Pain and suffering
However, most thieves lack the resources to pay a judgment, so recovery is often limited unless there is a rare situation where the thief has assets or insurance applies for unrelated reasons.
Criminal charges and civil liability are separate. Even if the thief is prosecuted, that does not automatically compensate you, a civil claim is still required.
When to Contact an Attorney
You should reach out to an attorney if:
- You were injured in a crash involving a stolen vehicle
- The insurance company is delaying or denying your claim
- There is a dispute about who is responsible
- The crash involved serious injuries or long-term care
- You believe the car owner acted negligently
- You simply want someone on your side to take over the burden
At FFP Law, we understand how stressful these situations are. Insurance companies often focus on minimizing payouts, not protecting your well-being. We’re here to stand up for your rights and help you recover the compensation you deserve.
You Don’t Have to Navigate This Alone
A crash involving a stolen car creates immediate uncertainty. Who pays, which insurance applies, and what your next steps should be. You don’t have to navigate this alone. With more than 100 years of combined experience, the attorneys at Fine, Farkash & Parlapiano, P.A. are here to guide you, explain your options, and fight for the compensation you deserve. When life changes, we’re there.
Contact our Gainesville car accident attorneys today for your free consultation. No fees unless we win.
FAQs
Does the car owner owe me money?
Usually no. If the car was genuinely stolen, the owner is not responsible unless they acted negligently (such as leaving keys inside).
What coverage helps me if I were hit by a stolen car?
Your PIP will apply first, and UM coverage may provide additional compensation.
What if the thief is never caught?
Your claim can still move forward. UM coverage is especially important in hit-and-run and stolen-vehicle cases.
Sources
Florida Insurance Requirements – Florida Department of Highway Safety and Motor Vehicles
Car Safety Ratings | Vehicles, Car Seats, Tires | NHTSA
Prevent Vehicle Theft | National Insurance Crime Bureau
Chapter 316 Section 1975 – 2018 Florida Statutes
Mr. Fine was born in New York, New York, and was raised in the northeast, where he studied sociology at Colby College in Waterville, Maine. He then graduated with honors from the University of Florida Levin College of Law in 1976. In law school, he was a member of Phi Kappa Phi Honor Society, was inducted into the Order of the Coif, and graduated in the top 10 percent of his class. Mr. Fine was admitted into the Florida Bar in 1976, the United States District Court for the Middle District of Florida in 1977, the United States District Court for the Northern District of Florida in 1991, and the United States Court of Appeals 11th Circuit in 1982.