Car hit during a high speed police chase... what now?

[A790]

My sister in law's car was destroyed during a high speed police chase. Her vehicle was parked on the side of the road and was struck by a vehicle (which turned out to be stolen). The cops DID NOT catch the perp.

Does she have any options? Her vehicle is written off, and she does not have collision insurance. Her insurance is telling her that she's SOL.

Thanks!

[E46..sTyLez]

Ouch, that is brutal...I don't have anything productive to contribute, but I hope it somehow works out for her.

[G]

Could be a long shot but she can at least find out more information.

http://www.calgary.ca/cps/Pages/Community-programs-and-resources/Victims-of-crime/Victim-Assistance-Support-Team.aspx

[Zhariak]

1. Call Police, file report, get the report number from the high speed persuit.
2. Call Insurance company, provide above information.
3. Insurance fixes car.

[A790]

Originally posted by Zhariak
1. Call Police, file report, get the report number from the high speed persuit.
2. Call Insurance company, provide above information.
3. Insurance fixes car.
As stated in the OP, her insurance company more or less told her she's SOL.

[Go4Long]

**PAGING MASKED BANDIT**

[A790]

What we know:

Driver was in a stolen vehicle.
Driver was not caught.
Sister in law's truck is toast.
Her insurance is telling her that because she doesn't have collision she has no options.

[A790]

Originally posted by Go4Long
**PAGING MASKED BANDIT**
Heh I'll Facebook him.

[schocker]

Was this in Calgary, would the police be on the hook as it is their policy to not pursue vehicles at high speeds as that is what our many helicopters are for?

[FraserB]

Same situation as a hit and run, no?

[spikerS]

may be worth investigating if anything can be done through the victims of crime fund that AB has.

https://www.solgps.alberta.ca/programs_and_services/victim_services/help_for_victims/pages/default.aspx

AFAIK the perp has to be caught, but still, worth asking and checking it out.

[speedog]

GOA's Motor Vehicle Accident Claims Program - link 1 (http://justice.alberta.ca/programs_services/mvac/Pages/default.aspx), link 2 (http://justice.alberta.ca/programs_services/mvac/Pages/AboutMVAC.aspx) and link 3 (http://www.qp.alberta.ca/1266.cfm?page=M22.cfm&leg_type=Acts&isbncln=0779747526).

Any one who has paid a vehicle registration has paid into this fund governed by the Motor Vehicle Accident Claims Act - you best hope that the person who hit your sister-in-law's car is not found because then you will realize nothing from this fund as your only recourse will be to go after the person who was driving the vehicle that hit your sister-in-law's car. Otherwise, she has the aforementioned avenue available to her although I suspect it will be a huge pile of red tape that she'll have to navigate through.

I tried this when I had a motorbike stolen and wrecked 28 years and unfortunately for me, the guy who stole and wrecked my motorbike was not able to go far because he broke both of his femurs in the wreck and because the CPS caught the responsible party, I couldn't use the Motor Vehicle Accident Claims Act. Problem is that he was the only one I could go after for my loss and the judge said it was pointless because the guy was a waste of skin. Anyhow, I hope that she can realize some recourse though the Motor Vehicle Accident Claims Act.

Of course I could be way off base here - certainly Masked Bandit should have the answers you're seeking.

[BrknFngrs]

Originally posted by A790

As stated in the OP, her insurance company more or less told her she's SOL.

Had something similar happen a few years back and the result was essentially SOL :thumbsdow

[FraserB]

Originally posted by speedog
Anyhow, I hope that she can realize some recourse though the Motor Vehicle Accident Claims Act.

Of course I could be way off base here - certainly Masked Bandit should have the answers you're seeking.

This program covers personal injuries, material damages to the vehicle are not covered.

[Masked Bandit]

S.....

O....

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Sorry man, S.I.L. is on her own for this.

I could go into a big long explanation but the long & the short of it is that the owner of the vehicle (and by extension their insurance company) is not liable because the vehicle was being driven unlawfully (stolen). If your S.I.L. had collision coverage it would be repaired subject to her deductible but would show as a not-at-fault claim.

Even if they caught the douche, it's not like the guy would have the cash to pay out of his pocket to repair her vehicle.

[revelations]

My (limited) understanding is that this could be treated the same as a DUI hit and run. The fact that the police were in pursuit just happens to be coincidental.

Of course, the owner could sue the City and try for damages that way with some angle only a lawyer could use .... :dunno:

**edit - looks like Bill beat me to it **

[89s1]

Yikes, to see masked bandit give that response does not fill me with much confidence for your sister in laws forthcoming insurance battle.

Hope all goes well in spite of this. :thumbsup:

[jdmXSI]

Could your sister in law go after the person who owns the other vehicle who wrote off her car? There should be pretty extensive damage to the other vehicle if it wrote off her, right? I only ask because my insurance company (TD MM) told me that I a fully responsible for damages should someone steal my car.

[A790]

:( Poor SIL.

Well, I guess she's just going to have to deal with it.

This happened in Lethbridge btw.

[Masked Bandit]

Originally posted by jdmXSI
Could your sister in law go after the person who owns the other vehicle who wrote off her car? There should be pretty extensive damage to the other vehicle if it wrote off her, right? I only ask because my insurance company (TD MM) told me that I a fully responsible for damages should someone steal my car.

You either misunderstood what they told you or you got a total n00b on the phone. You are never responsible for damage to other property if your vehicle is stolen.

[killramos]

You could try suing the cops and claim that their pursuing the individual resulted in the damage.

They really aren't supposed to keep following these days.

[FraserB]

Originally posted by killramos
You could try suing the cops and claim that their pursuing the individual resulted in the damage.

They really aren't supposed to keep following these days.

What actions would you like the police to take when they see a stolen car? Maybe just keep the lights and sirens off, then go for a Tim's? Unless you think that someone who has just stolen a car is going to stop driving like a nutcase when he sees the cops back off a bit?

Why not sue the owner of the car? It's his fault the car was even available to be stolen in the first place.

All that you'll accomplish is wasting a bunch more money.

[killramos]

Originally posted by FraserB


What actions would you like the police to take when they see a stolen car? Maybe just keep the lights and sirens off, then go for a Tim's? Unless you think that someone who has just stolen a car is going to stop driving like a nutcase when he sees the cops back off a bit?

Why not sue the owner of the car? It's his fault the car was even available to be stolen in the first place.

All that you'll accomplish is wasting a bunch more money.

Actually that is much more along the lines with modern policy. That's what the helicopter is for.

http://www.popularmechanics.com/_mobile/cars/news/vintage-speed/why-high-speed-police-chases-are-going-away-15532838

[FraserB]

You're still operating under the assumption that when the suspect sees the cops back off (they don't stop the pursuit), he will go back to driving in a normal, controlled fashion and not keep trying to evade the police.

And I don't think that Lethbridge even has a helicopter. They'd probably be calling in the RCMP for help.

[jdmXSI]

Originally posted by Masked Bandit


You either misunderstood what they told you or you got a total n00b on the phone. You are never responsible for damage to other property if your vehicle is stolen.

I am thinking it was a n00b then, because I remember telling her I wanted only fire and theft on my car because it was not going to be driven at all. She then went into a big pitch on how if my car ever got stolen that I would be held liable if I did not carry liability at bare minimum.

[Masked Bandit]

Originally posted by jdmXSI


I am thinking it was a n00b then, because I remember telling her I wanted only fire and theft on my car because it was not going to be driven at all. She then went into a big pitch on how if my car ever got stolen that I would be held liable if I did not carry liability at bare minimum.

Yep, sounds like she was up a chicken's ass for an egg salad sandwich.

[Aleks]

Originally posted by Masked Bandit
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Sorry man, S.I.L. is on her own for this.

I could go into a big long explanation but the long & the short of it is that the owner of the vehicle (and by extension their insurance company) is not liable because the vehicle was being driven unlawfully (stolen). If your S.I.L. had collision coverage it would be repaired subject to her deductible but would show as a not-at-fault claim.

Even if they caught the douche, it's not like the guy would have the cash to pay out of his pocket to repair her vehicle.

What if the car wasn't stolen, was insured and it smashed into OP SIL's car? Since she doesn't have collision would she still be SOL or would in that case the other driver's insurance cover SILs damages?

[mr2mike]

So hypothetically, the car's stolen, you're hit in your car. You have really good injuries, can't work for months, in the hospital, rehab, recovery, etc.
Who pays for all this? No one? The perp gets his 30 days in jail and you're still trying to move around without pain?

People will say, medical health coverage covers it but rehab, you'll get a few sessions covered then it's on your blue cross but limited. Plus you're not able to work if you're a labourer, so then what?

[FraserB]

Originally posted by mr2mike
So hypothetically, the car's stolen, you're hit in your car. You have really good injuries, can't work for months, in the hospital, rehab, recovery, etc.
Who pays for all this? No one? The perp gets his 30 days in jail and you're still trying to move around without pain?

People will say, medical health coverage covers it but rehab, you'll get a few sessions covered then it's on your blue cross but limited. Plus you're not able to work if you're a labourer, so then what?

The program that Speedog linked to earlier would cover your physical injuries. You're on your own for the rest.


Originally posted by Aleks


What if the car wasn't stolen, was insured and it smashed into OP SIL's car? Since she doesn't have collision would she still be SOL or would in that case the other driver's insurance cover SILs damages?

If you are driving your car, hit someone else and are found at fault, your insurance company pays for it. She would have to deal with the at fault party's insurance company on her own though.

[Hallowed_point]

Originally posted by Masked Bandit
Yep, sounds like she was up a chicken's ass for an egg salad sandwich.

Sad situation but that's a hilarious way of putting it.

[Sugarphreak]

...

[FraserB]

Originally posted by Sugarphreak


Although, if she opted for no collision I assume the car wasn't worth much anyway?

Haha, you'd be surprised what people will do to save a buck.

[Masked Bandit]

Originally posted by Sugarphreak




Although, if she opted for no collision I assume the car wasn't worth much anyway?

Sadly, the people who can least afford to be out their car are the ones most likely to skimp on coverage. I'm not saying there is a better way, but when you're a single mom with a $3,000 and it's either collision coverage or rent for you & the kid, guess which one drops off. Sadly when the single mom has a hit run like this it usually hurts her far worse than the average Joe.

[A790]

The truck wasn't particularly valuable, but as Bill said, she couldn't afford much more. She was just working on getting back on her feet after a couple of setbacks.

We found her a new car though so at least she's able to get around.