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Hit and run - stolen car
by Adam
A few days ago I was involved in a hit and run. Both my car and the car that hit me were totaled. The two individuals in the car that hit me got out and fled the scene on foot.
The police, however, found an insurance card in the car and the car is fully covered by state farm.
Of course, State Farm hasn't been able to get in touch with the insured driver, and perhaps the driver and the owner are not the same people.
What would State Farms procedure be if they can't get in touch with anyone, also, there is a police report on file. One last little twist, I read in the paper that the same car that hit me was reported stolen about 5 days before the accident, if this is the same car, how does that change the claim? thanks for your help.
Answer:
Hello Adam,
the person driving is responsible for your damages. The person causing the hit and run will have to either show you evidence of insurance coverage or they will have to pay out of pocket.
This is usually a very difficult situation because the person in a hit and run usually does not have insurance or will claim the car is stolen.
If the car is not stolen, then whatever insurance is on the car should cover the damages. If the car has not insurance, then it is possible that he driver might have insurance in another vehicle that could cover the loss.
If the car is stolen, the different analysis applies. The thief would have to pay for the damages, but the owner and the insurance company on the car do not.
This can leave you in a very hard spot because if the car was reported stolen, the other insurance company will not pay unless you can show that their client was negligent to you in anyway. Usually, criminal activity is not foreseeable, but in some cases it is. You would probably need an attorney for that.
The other option is to use your own collision or uninsured property damage coverage to get your damages paid for. Your insurance company will fix your car (or total it) and then go after the party that caused you the damage (the thief).
I hope this helps
http://www.auto-insurance-claim-advice.com/
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