What If My Stolen Vehicle Was Involved In An Accident?

Car accidents in California continue to be a major concern, though recent data suggests a slight decline in fatalities. According to the National Highway Traffic Safety Administration (NHTSA), an estimated 18,720 people died in motor vehicle crashes in the first half of 2024, reflecting a 3.2% decrease compared to the 19,330 fatalities projected for the same period in 2023. Additionally, fatalities declined in both the first and second quarters of 2024, indicating potential improvements in road safety.
According to the California Office of Traffic Safety, motorcycle accidents are also at a yearly year increase of around 3%.

If you have been involved in a car accident in California, give our attorneys a call to discuss how you could get compensation for your injuries. If you’re involved in a car accident that was at no fault of your own, you could hold the other party accountable and recover compensation through various ways.

For example, you could file a claim with your insurance company or with the at-fault party’s insurance company. This involves dealing with the insurance company adjusters as they investigate the circumstances of the accident and try to settle. However, sometimes, insurance companies oftentimes like to offer lowball amounts and do not take into consideration any future medical costs.

You can also file a lawsuit for the injuries that you have sustained from a car accident. You could file a lawsuit against the at-fault party. However, sometimes, the at-fault party may have been an employee while the accident occurred. If they were an employee and on the job at the time of the accident, you could also get the driver’s employer involved under a negligence vicarious legal theory.

Although this may seem pretty clear-cut, it could get very complex depending on the circumstances. For example, if your car was in an accident while it was reported stolen, it could lead to several different complex issues as parties try to investigate the cause of the accident and determine the liable parties.

We recommend that you contact an experienced car accident law firm for an in-depth investigation into the circumstances of your case. Our law firm offers complimentary consultations where we have the opportunity to review all the facts about your case and give you an overall idea as to what the best way of moving forward with your case. Keep in mind that each case is different from one another, and the best way of getting a straightforward response is by setting up a one-on-one case evaluation with a highly qualified attorney.

Steps To Take After Your Vehicle Was Stolen and Involved in an Accident

If your stolen vehicle was involved in an accident, it’s crucial to act quickly to avoid legal liability. Follow these steps:

1. File a Police Report Immediately – The California Vehicle Code (CVC § 10500) states that vehicle theft must be reported to law enforcement. A police report is one of the most critical pieces of evidence to prove that your vehicle was stolen.
2. Notify Your Insurance Provider – Your insurer will investigate the theft claim and determine whether you’re responsible for damages.
3. Gather Any Surveillance or Witness Testimony – If your vehicle was parked in a public area or near security cameras, this could support your claim that you had no control over the car.

California Vehicle Theft Statistics

• Lawsuits and insurance claims could get complicated when the vehicle has been reported stolen. According to the California Highway Patrol, in a single year, there were around 200,000 vehicles that were stolen. This equated to an estimated total value of around 2 billion dollars. This number was reported to be a 2% increase from the previous years. 
• According to the California Highway Patrol (CHP) Vehicle Theft Report, approximately 51% of all vehicle thefts in California occurred in the following counties: Los Angeles, San Diego, San Bernardino, and Orange County.

The most common counties where vehicle thefts are likely to occur in California are:

• Los Angeles County
•  Alameda County
•  San Diego County
•  San Bernardino County
•  Riverside County
•  Santa Clara County
•  Kern County
•  Orange County
•  Sacramento County
•  San Francisco County

Los Angeles County takes the lead in combined vehicle thefts compared to other counties in California.

What are the most common types of vehicles that are stolen?

According to the California Highway Patrol, there are a specific set of cars that are more likely to get stolen compared to others. Below is the list of the most frequently stolen cars in a single year in california:

•  Kia Optima
•  Honda Civic
•  Ford Freightliner
•  Chevy Silverado
•  Kawasaki  Motorcycles
•  Honda Motorcycles

The CHP estimates that the reason for this specific target vehicle group is because the parts are very expensive, and these vehicles hold their value.

What is the likelihood of a stolen vehicle being recovered?

There is a very high likelihood that your stolen vehicle could be recovered. Especially with the increase in the number of newer models that  are easily traceable through various navigation and map systems.  Among the 200,000 vehicles stolen, around 85% were recovered. However, vehicles stolen for the purposes of cargo theft are not as easily recoverable.

Can I be responsible for a car accident if my vehicle was stolen?

In some cases, you could get involved in a lawsuit with a car accident victim even if your vehicle was stolen and cause damage to another. But, the one making the claim that the vehicle was stolen must show that they were not responsible for the accident and they did not have access to their vehicle at the time of the accident. Usually, after proving this, the owner of the vehicle is able to get out of the lawsuit. But, you must have strong evidence that shows your vehicle was stolen.

We recommend that you speak to our attorneys if you have had your vehicle stolen, then your vehicle was involved in an accident.

Could I still be liable under my insurance policy if my vehicle was stolen and then involved in a car accident?

In most cases, if you provide sufficient evidence to your insurance company that your vehicle was stolen before the accident occurred, you will not be held financially liable under your insurance policy. However, insurance companies conduct independent investigations to verify theft claims. If they suspect fraud or negligence, your claim may be denied or disputed. If the injured party files a claim with your insurance company, you should communicate with your insurance company the details about your car theft. Your insurance company will launch its own independent investigation to look into the circumstances of the stolen vehicle.

Could I file a claim for my stolen vehicle?

If your vehicle was stolen, you could file a claim with your insurance company under the theft policy. It depends on the insurance policy you have, but usually car insurance companies offer policies that cover the insured for theft of their vehicle. This means that they will cover the cost of repairing or replacing the vehicle.

If the car is recovered, you could also file a claim with the perpetrator’s insurance company, or file a lawsuit against the perpetrator. But, it depends on the circumstances of your case. We recommend that you talk to our attorneys before taking any steps on filing a claim with your insurance.

What if I was a victim of a car accident by a stolen vehicle?

If you were involved in an accident where the other vehicle was stolen, recovering compensation could be challenging. Here’s what you should do:

• Work with Law Enforcement – The Los Angeles Police Department (LAPD) and California Highway Patrol (CHP) use tracking technology to recover stolen vehicles quickly, which can help support your case.
• Check Your Uninsured Motorist (UM) Coverage – Since stolen vehicle drivers often lack valid insurance, your UM/UIM policy can cover damages.
• File a Claim Against the Perpetrator – If the suspect is arrested, you may be able to file a personal injury lawsuit against them, though recovery may be difficult if they lack assets.

FAQs About Stolen Vehicles and Car Accidents in California

Can I Be Responsible for a Car Accident If My Vehicle Was Stolen?

Can you be held legally responsible for a car accident if your vehicle was stolen? The answer depends on various factors:

• Proof of Theft: Under California law, a vehicle owner is not liable for accidents caused by a stolen car if they can prove they had no control over the vehicle at the time of the crash.
• Negligence Claims: However, if the owner left the keys inside the vehicle or failed to secure the car properly, comparative negligence laws (CVC §17150) may come into play, holding them partially liable.

Will My Insurance Cover Damages If My Stolen Vehicle Is in an Accident?

Whether your insurance covers damages caused by a stolen vehicle depends on your policy. Comprehensive insurance typically covers vehicle theft and damage sustained while it was stolen. However, if you only have liability coverage, your insurer may not pay for the damages, and you would need to seek compensation through other legal avenues.

What Should I Do If My Car Is Stolen and Later Found Damaged?

If your stolen vehicle is recovered and damaged, you should first file a police report and notify your insurance company immediately. Your comprehensive insurance policy may cover the cost of repairs or replacement depending on your coverage limits. Additionally, if the thief is identified, you may have legal grounds to file a civil lawsuit for damages, though recovery may depend on their financial ability.

Can I File a Claim Against the Thief’s Insurance for Damages?

If the thief caused an accident with your stolen vehicle, you may attempt to file a claim against their auto insurance policy, but most car thieves do not carry valid insurance. In such cases, you may need to rely on your comprehensive coverage for repairs or seek victim compensation programs if the thief is convicted. If law enforcement recovers your vehicle in good condition, your insurance company may still investigate before approving a claim.

What Happens If I Was Hit by a Stolen Vehicle?

If you were involved in an accident with a stolen vehicle, recovering compensation can be challenging. Since the thief is unlikely to have insurance, your uninsured/underinsured motorist (UM/UIM) coverage may be your best option for financial recovery. You can also work with law enforcement to track the thief, and if they are caught, you may pursue a civil lawsuit for damages, though collecting compensation may be difficult.

How can our Los Angeles car accident attorneys help you?

Our Los Angeles-based car accident attorneys have extensive experience handling cases involving stolen vehicles, insurance disputes, and liability defense. We understand the complexities of California’s insurance and liability laws and can help you navigate your claim. We understand that it could get very frustrating, especially if your car has been involved in an accident that you no longer have access to.

For more information, contact our attorneys today to set up a one-on-one case evaluation. Our case evaluations are complimentary and do not require any costs upfront. Our attorneys work through a contingency fee agreement and do not collect any fees up front until we win for you. Our professional attorneys are available 24/7 to answer any questions or concerns.

We understand the various complications that could arise from a car accident. We are here to help. We provide specialized and attentive detail to all accidents because we understand that two accidents are not the same.

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