Who Pays When a Police-Chased Vehicle Collides with Yours?

Being in a situation where a police-chased vehicle collides with your car is a nightmare most drivers hope to never encounter. In such cases, the question of who bears the financial burden often becomes a point of significant legal and financial concern. Understanding the implications is crucial for both drivers and insurance companies.

The Fleeing Driver and Liability

Most likely, in such scenarios, the primary responsibility for the collision lies with the fleeing driver. However, the likelihood of this individual having valid insurance or a valid driver's license is slim. In such cases, your own uninsured motorist coverage typically comes into play to cover your losses.

Challenges with Insurance

When the fleeing driver is involved in a police chase, it is rare for their insurance to cover the damages. In fact, if the circumstances of the chase are deemed to be unjustified or dangerous, there is a possibility that even your insurance company might consider suing the police. This is particularly relevant if the fleeing driver was not considered inherently dangerous prior to the chase and the police continued the pursuit despite the risks.

Liability of the Police

In cases where the police continue to chase a driver without sufficient justification, the situation can escalate into a more complex legal dispute. If the chase is found to be unjustified, your insurance company may pursue a legal argument against the police, seeking to recover damages. This highlights the need for careful police procedures in pursuit scenarios to avoid such legal entanglements.

The Case in the USA

In the United States, the driver who hits your vehicle would generally be considered the primary responsible party. However, due to the high probability that the fleeing driver lacks valid insurance or driving credentials, your losses are very likely to be covered by your own Uninsured Motorist coverage.

Your insurance company will likely investigate whether the vehicle's owner had insurance or if they knowingly allowed the driver to use their vehicle despite knowing they were involved in the chase. This investigation can potentially uncover secondary liability, especially if the owner was aware of the driver's actions.

Victim Compensation Funds

For losses that exceed the coverage provided by your insurance or the ability to collect, many US states have Victim Compensation Funds. These funds can provide financial assistance to victims of uninsured or underinsured drivers. Through this fund, you may be eligible for funds to cover your medical bills, lost wages, and property damage.

There are instances where insurance companies, individuals, or families might attempt to sue the city/county or state law enforcement agency responsible for the pursuit. This legal action can be complex and is often contentious, with mixed feelings on both sides. While no officer wants to be involved in any accident, the reality is that pursuits can be dangerous, and injuries or property damage can occur.

For a more detailed understanding of the procedures and legalities involved in such cases, consulting with a legal professional can provide valuable guidance.