Insurance Question - Hit and Run by a Stolen Vehicle

[woovic]

My Camry was hit by a stolen truck on Thursday night. The car was parked on the side of the road at the time so luckily nobody got hurt. The guy who stole the truck took off on foot, but the police caught him a few blocks away.

The Camry's only worth $2000, so I only got third party liability insurance (no collision, no comprehensive).

I phoned my insurance company and they said the only thing I can really do is go to small claims (even though there's no one I can really sue).

Do I have any recourse or am I SOL?

Will the truck's insurance cover anything?

I have a SEF 44 endorsement on my policy for coverage against collisions with an uninsured or underinsured driver, does that do anything?
http://www.ama.ab.ca/insurance/auto-insurance-coverage-options

Here are some pictures of the damage, the car was parallel with the curb before it got hit:

http://imageshack.us/a/img689/7392/img20130503223600.jpg http://img21.imageshack.us/img21/3356/img20130503223648.jpg
http://imageshack.us/a/img822/8418/img20130503223716.jpg http://imageshack.us/a/img856/2968/img20130503223740.jpg

[teioh]

shouldn't the insurance on the stolen vehicle cover the damage, and then it's up to the insurer to get reparation from the thief?

[FraserB]

Most likely SOL and would have to go through small claims to get anything back. But chances are since the guy stole a car, he doesn't have much in the way of means to repay you. The company that insures the stolen vehicle isnt going to give you anything.

[corsvette]

Had this happen years ago, I got absolutely nothing. Unless I tried to sue the thief who was never found anyway (took off on foot)

[Nufy]

Does that victim of crimes fund thinyg still exist ?

[DEATH2000]

From the link:

Family Protection
(SEF 44) Protects you and family members in your vehicle if you are involved in a collision with an uninsured or underinsured driver. Even though you may have the right to collect money from an at-fault driver to reimburse you for your claim, if that driver doesn't carry enough insurance or has no insurance at all, your claim may not be fully paid. SEF 44 pays the difference between your claim amount and the third party liability limit of the at-fault driver's policy, up to your own third party liability limit.

Though the SEF 44 is optional, AMA Insurance considers it so important that it is offered on all vehicles when a quote is given, a new policy is written or vehicles are added to an existing policy.


What I gather from this, is that if the insurance of the other driver isnt able to cover it then AMA will. However it staes up to your Third Party Liability limit so even though you dont have Collision or Comp this *should* still protect you. The car is a write off anyway so your gonna have to call your insurance company any way.

[tom_9109]

Unfortunately the SEF 44 doesn't cover physical damage to vehicles.


From the SEF 44

In consideration of the premium charged and subject to the provisions hereof, it is understood and agreed that the Insurer shall indemnify each eligible claimant for the amount that such eligible claimant is legally entitled to recover from an inadequately insured motorist as compensatory damages in respect of bodily injury or death sustained by an insured person by accident arising out of the use or operation of an automobile.

Your recourse since you don't carry any physical damage coverages is to sue the driver personally. There is no coverage afforded by your policy or that of the owner of the stolen vehicles.

People have tried to sue the owner of the stolen vehicle with negligence in cases where they left they keys in the car or something like that however the courts have held that the owners of the vehicle are not to be held liable for the criminal acts of a thief.

Sue the individual through small claims court and you can get a judgement against him however I doubt he has anything to pay it with since he is a thief after all.


FULL SEF44 HERE : http://www.finance.alberta.ca/publications/insurance/sef_44_endorsement.pdf

[dannie]

In Alberta, we have a program called the Motor Vehicle Accident Claims Fund. It would apply if you were personally injured during the accident:

http://justice.alberta.ca/programs_services/mvac/Pages/default.aspx

Unfortunately, since you were not in the vehicle at the time - I don't believe it will apply to your situation. (There could easily have been a legislation change that I overlooked, so I would double check if I were you).

Your only option at this point will be to sue him in small claims court.

[Sugarphreak]

...

[dirtsniffer]

the cops caught the guy right? sue him

[DEATH2000]

Originally posted by dirtsniffer
the cops caught the guy right? sue him
Exactly. Getting his info is easy. Request a copy of the accident report. Because he was the driver his information will be on it.

[Masked Bandit]

You can try to sue the thief but even if you are successful, good luck ever collecting. Winning in small claims court is one thing, collecting is a different story.

Sorry OP but you are in fact SOL. Sadly this is one of the things that can happen when you just carry PLPD. With that said, pretty much everyone in your situation with a car of that value will only have PLPD coverage so it's not like you were negligent here. It's just shitty luck.

[Zhariak]

Originally posted by Masked Bandit
You can try to sue the thief but even if you are successful, good luck ever collecting. Winning in small claims court is one thing, collecting is a different story.

Sorry OP but you are in fact SOL. Sadly this is one of the things that can happen when you just carry PLPD. With that said, pretty much everyone in your situation with a car of that value will only have PLPD coverage so it's not like you were negligent here. It's just shitty luck.

Just curious, even if the OP had full insurance coverage, would his insurance fees go up if he had a claim?

[codetrap]

These questions always amuse me, mostly because of the sheer volume of them.

Question: I have <insert car here> that has suffered <insert mishap here>, and I only have PLPD? What can I do?

Answer: Nothing. You're most likely SOL because if you're too cheap to pay collision, then you're far to cheap to pay a lawyer.

[G]

Originally posted by codetrap
These questions always amuse me, mostly because of the sheer volume of them.

Question: I have &lt;insert car here&gt; that has suffered &lt;insert mishap here&gt;, and I only have PLPD? What can I do?

Answer: Nothing. You're most likely SOL because if you're too cheap to pay collision, then you're far to cheap to pay a lawyer.

Well not everyone makes vibrator/dildo selling cash....but seriously if you have a car that is worth $2k why bother paying for more than plpd.

[FraserB]

Originally posted by Sugarphreak


Good laws we have here... maybe the government should step up and force insurance companies to pay out on damage caused by stolen vehicles, you know... seeings how they force you to have expensive private insurance to even be on the road in the first place.

So whose insurance should pay? The owner's or the victim's? Either way you are going to raise someone's premiums for actions they had no control over and could not have avoided.

[codetrap]

Originally posted by G
Well not everyone makes vibrator/dildo selling cash....but seriously if you have a car that is worth $2k why bother paying for more than plpd.

Huh? Makes vibrator/dildo selling cash? Read that back to yourself slowly out loud, and tell me if it makes sense to you.

As for your actual question, it depends. The implication here is that the OP can't really afford to fix or replace it. Instead, they're posting on beyond asking if they can sue a car thief for crashing into their car in a stolen vehicle. In my 25 years of driving, I've always carried insurance to fix my vehicle at ANY time I couldn't afford to simply walk away from it and go buy a new one. (it's kinda the point of insurance ya know).

[tom_9109]

Originally posted by FraserB


So whose insurance should pay? The owner's or the victim's? Either way you are going to raise someone's premiums for actions they had no control over and could not have avoided.

Insurance companies offer a coverage that would have protected the OP in this case. Why would we force insurance companies to pay for damages that the owner chose not to cover?

[guessboi]

Originally posted by Sugarphreak
Good laws we have here... maybe the government should step up and force insurance companies to pay out on damage caused by stolen vehicles, you know... seeings how they force you to have expensive private insurance to even be on the road in the first place.

If you think insurance is expensive in Calgary, Try Toronto. :D

[G]

Originally posted by codetrap


Huh? Makes vibrator/dildo selling cash? Read that back to yourself slowly out loud, and tell me if it makes sense to you.

As for your actual question, it depends. The implication here is that the OP can't really afford to fix or replace it. Instead, they're posting on beyond asking if they can sue a car thief for crashing into their car in a stolen vehicle. In my 25 years of driving, I've always carried insurance to fix my vehicle at ANY time I couldn't afford to simply walk away from it and go buy a new one. (it's kinda the point of insurance ya know).

I swear I came across a thread from you selling sex toys.:dunno:

[codetrap]

Oh that? Yeah, you're right. I did have a "garage sale" thread where I tried to get rid of all my wifes old stock when she was doing the passion party stuff. Nogo though. Nobody was interested in buy that stuff off beyond, not surprisingly.. but I had to try. I did well in my other garage sale thread though. Got enough cash to buy the wife a new washer/gas dryer, and hire AJ to do the gas line from the main.

[tom_9109]

Originally posted by codetrap
Oh that? Yeah, you're right. I did have a &quot;garage sale&quot; thread where I tried to get rid of all my wifes old stock when she was doing the passion party stuff. Nogo though. Nobody was interested in buy that stuff off beyond, not surprisingly.. but I had to try. I did well in my other garage sale thread though. Got enough cash to buy the wife a new washer/gas dryer, and hire AJ to do the gas line from the main.

I'll buy your wifes vibrator.

[codetrap]

LOL.. They're not used man. All still in packages.

and thread derailed.. lol

[G]

Originally posted by codetrap
Oh that? Yeah, you're right. I did have a &quot;garage sale&quot; thread where I tried to get rid of all my wifes old stock when she was doing the passion party stuff. Nogo though. Nobody was interested in buy that stuff off beyond, not surprisingly.. but I had to try. I did well in my other garage sale thread though. Got enough cash to buy the wife a new washer/gas dryer, and hire AJ to do the gas line from the main.

Sorry my lame attempt at humor.

[Masked Bandit]

Originally posted by Zhariak


Just curious, even if the OP had full insurance coverage, would his insurance fees go up if he had a claim?

No, not at all. OP would just have to pay his deductible.

[Sugarphreak]

...

[tom_9109]

Originally posted by Sugarphreak


I thought the OP had a rider for this (the SEF 44 endorsement)

Also, I wasn't even aware there was coverage for damage from a stolen vehicle.



Take a look at my first post regarding the SEF44.

And yes there is coverage for a stolen vehicle, it falls under collision with most insurers however some would interpret it as a comprehensive loss. (or All Perils but lets not get into that).

[Masked Bandit]

Originally posted by Sugarphreak


I thought the OP had a rider for this (the SEF 44 endorsement)

Also, I wasn't even aware there was coverage for damage from a stolen vehicle.

The SEF 44 takes care of injury related things, not physical damage to vehicles. As far as coverage the OP could have bought to protect his car, that would have been collision. The deductible would have to be paid but that's it.

[Xtrema]

Originally posted by Sugarphreak
Good laws we have here... maybe the government should step up and force insurance companies to pay out on damage caused by stolen vehicles, you know... seeings how they force you to have expensive private insurance to even be on the road in the first place.

Your house burn down and you didn't buy fire insurance, you're SOL.

Same thing happen here. There's no point paying full coverage on a $2000 car at $500 or $1000 deductible. The premium cost would have bought you a new $2000 car every 2-3 years.

Shit happens.

[codetrap]

Xtrema, assuming your numbers are right, and there's a $500 premium/a for collision. That's $41/month, instead of having to pay $2000 to buy another car.

Considering that most people can come up with $41, but not $2000 in a single month.... what do you think makes more sense? Or do you honestly believe that people have the financial discipline to put away that $41 into an "Emergency I have to buy a new car" account every month?

[tom_9109]

Originally posted by codetrap
Xtrema, assuming your numbers are right, and there's a $500 premium/a for collision. That's $41/month, instead of having to pay $2000 to buy another car.

Considering that most people can come up with $41, but not $2000 in a single month.... what do you think makes more sense? Or do you honestly believe that people have the financial discipline to put away that $41 into an &quot;Emergency I have to buy a new car&quot; account every month?


What you failed to understand is Xtrema is not only talking about the deductible of $500 but the probable insurance premium for collision that would in a very short time add up to in excess of the vehicles value.

When I drove beaters and was young with high insurance premiums I did the same gamble that the cost to insure would outweigh not only the cost but also the likely hood of a collision.


IE: $2000 car might cost $125 a month for collision which is $1500/year. Add that cost to the deductible of $500 and in 12 months you have spent more than the vehicle was worth.

[Xtrema]

Originally posted by codetrap
Xtrema, assuming your numbers are right, and there's a $500 premium/a for collision. That's $41/month, instead of having to pay $2000 to buy another car.

Considering that most people can come up with $41, but not $2000 in a single month.... what do you think makes more sense? Or do you honestly believe that people have the financial discipline to put away that $41 into an &quot;Emergency I have to buy a new car&quot; account every month?

$2000 car, $500 deductible. So you are buying $1500 coverage for $500 premium per year. Now this coverage is only for hit and run or theft where no accountable party is at fault. Because if someone else hit you and they are at fault, you don't need you own coverage anyway.

So it's up to you to see if $500 per year make sense for a slightly remote chance this happens. I have been driving for 20 years and never had a hit & run or at fault accident. If I'm driving a $2000 car, $500 would be a big deal for me. Base on my experience, I would do PLPD as well.

And remember, if the owner say its a $2000 car, chances are that insurance will call it $1000 car which make collision coverage pointless. Like Tom said, some cars may have higher risk for collision and theft that it may cost up to $1500 a year for extreme cases (Civic Si and old ass Subaru RS coupe came to mind, both cost more than normal).

General recommendation is that if it's lower than $3000, you probably should just stick with PLPD.

Yes out of $2k hurts but the odds you need it is very low. Sure, hindsight seems coverage is great but that's how insurance works, "I wish I had....."

[codetrap]

tom & xtrema, both very good points. It's a tough call for someone in that position.

[Masked Bandit]

It REALLY depends on the age & driving record of the OP. I've got a lot of older clients with good records that keep full coverage on their "beaters" becase it only costs them and extra $75 - $100 a year. Of course for a lot of young people the cost for collision coverage even on a beater can be $300 - $500 or more in which case PLPD makes the most economic sense. Too many unknown variables here to give any accurate / worthy advice.

[Mibz]

If a driver crashes into my garage, which insurance covers my vehicles, home or auto?

[tom_9109]

Originally posted by Mibz
If a driver crashes into my garage, which insurance covers my vehicles, home or auto?

You home would cover it initially with your deductible in place and the subrogate and recover from the third party's insurance policy if possible. For example if the vehicle was stolen it would stay on your home policy.

[woovic]

Originally posted by Masked Bandit


As far as coverage the OP could have bought to protect his car, that would have been collision. The deductible would have to be paid but that's it.

Bumping an old thread...

Just want to clarify, if I had collision coverage I would have been covered and my premiums will not go up?

Does this basically get treated like a hit and run claim?

[Masked Bandit]

Originally posted by woovic


Bumping an old thread...

Just want to clarify, if I had collision coverage I would have been covered and my premiums will not go up?

Does this basically get treated like a hit and run claim?

Wow, this is going back!

Most insurance companies cover hit & run damage under the "collision" portion of a policy. Claims made under those circumstances DO NOT increase your premiums. There are a few companies out there that will actually cover hit & run under "comprehensive" and again, premiums would not go up.

So being that this is a year later, I'm guessing something has happened. What's the deal woovic?

[sidewaysD]

Perhaps.. since you where a victim of a crime..

I would contact the CPS VAU (Victims assistance unit). They can, give you some sort of compensation or give you a better direction.

[Isaiah]

Coles Notes:


Originally posted by codetrap
I did have a &quot;garage sale&quot; thread where I tried to get rid of all my wifes old stock when she was doing the passion party stuff.

Originally posted by tom_9109
I'll buy your wifes vibrator.

Originally posted by Sugarphreak
I thought the OP had a rider for this

[woovic]

Originally posted by Masked Bandit


So being that this is a year later, I'm guessing something has happened. What's the deal woovic?

Yeah, just looking into buying a newer car that's worth more than $2000. Want to make sure I get the right coverage.

[Masked Bandit]

Originally posted by woovic


Yeah, just looking into buying a newer car that's worth more than $2000. Want to make sure I get the right coverage.

Are you not super comfortable with your current broker's advice?

[woovic]

Originally posted by Masked Bandit


Are you not super comfortable with your current broker's advice?

That's why I'm thinking about switching. :thumbsup:

[woovic]

Out of curiosity, what would happen if the following scenario happened?

Driver A has full coverage (liability, comprehensive, collision).

Driver B is uninsured (shouldn't even be on the road).

Driver A gets into an accident with driver B (driver A is at fault).

[Masked Bandit]

Originally posted by woovic
Out of curiosity, what would happen if the following scenario happened?

Driver A has full coverage (liability, comprehensive, collision).

Driver B is uninsured (shouldn't even be on the road).

Driver A gets into an accident with driver B (driver A is at fault).

The normal rules of fault apply and the insurance company of driver A pays for repairs to the vehicle of driver B. More than likely the police then give driver B a nice $2800 fine for driving without insurance.