Self Driving Car | Dolan Law Firm

Who is responsible for damage caused by a stolen vehicle?

Written By: Chris Dolan and Eric. St. John

This week’s question comes from Trisha from San Francisco, CA, who asks: I saw a car speeding away from a police run into a fire hydrant and almost hit several people. It turns out it was a stolen car, and the thief ran away from the scene. If someone steals my car and uses it to damage private or public property, will I have to pay for that? Who pays for this type of damage? What if a driver of a stolen car injures me?

Hi Trisha,

On average, in California, nearly 200,000 vehicles are stolen each year. Generally, a real vehicle owner would not be liable when their vehicle is stolen and used in some other negligent or intentional act that harms people or property. To be responsible for someone else’s actions with your motor vehicle, you must have caused the damage in some way, which is rare, or you entrusted (gave permission) to the thief to use your vehicle, which is highly unlikely.

In California, vehicle owners can be held liable for the actions of a third party if they entrusted, or gave permission to use, the vehicle to a third party who is unfit to drive, and that third party then harms someone or something. Entrustment is one way you may be liable for your vehicle being stolen and causing damage. This is one of many reasons why it is recommended to file a police report as soon as you learn that your vehicle has been stolen. Then, file a claim with your insurance company, notifying them of the theft and any damages that may have been incurred to your property. You do not want people to think you gave the thief permission to use your car.

If you are not liable for your vehicle harming others, then who or what is liable? Well, typically, the first place an injured party would look is to the driver. In this case, a thief can be liable for the damage they cause, but in most scenarios, the thief is either:

unable to be found,
uninsured, or
has no money to pay for the damage they caused. So even though they are liable for the damages, the parties involved should be looking elsewhere to get compensation for any damages they incurred.

Which leads us to a very important part of your question, who pays for this type of damage?

Who pays for damage caused by a stolen vehicle depends almost entirely on what type of insurance policies the involved parties have and what those insurance policies cover. The first option would be to seek coverage through any of the thief’s insurance policies if they have any. This is done by setting up a claim with their insurance. The victim of the theft can file a claim for property damage, and the victim of any injuries caused by the driver of the stolen vehicle can file for personal injury and property damages. If it gets complicated, you should talk to an attorney who can help you navigate the insurance world.

In most cases, the thief either has no coverage or does not have enough coverage, so the parties involved will have to look to their insurance policies to find coverage. In some circumstances, the injured parties don’t have any recourse for the damages to be covered. If this is the case, speak to an attorney to see if anything may exist before giving up.

Most commonly, especially in California, people carry vehicle liability insurance. Liability insurance generally covers bodily injury and property damages caused to other parties when you are at fault in a collision. This insurance type does not cover your damages when you are liable and does not typically apply to a stolen vehicle in any situation.

Another form commonly found within liability insurance is Uninsured / Underinsured motorist coverage. This acts similarly to liability insurance but can cover you when someone else causes injury to you but does not have enough insurance to cover the costs. If a thief driving a stolen car damages someone else in an accident, the company insuring the stolen car will not compensate the injured party because the car was taken without consent. With uninsured/underinsured motorist coverage, the injured party’s insurance company may pay the costs to them if coverage applies. If you are injured by a negligent driver of a stolen vehicle, this insurance will likely cover you. But, if your vehicle is the stolen property, it is unlikely that this will cover the damage to that car.

Collision coverage is a type of insurance that may be able to cover your property damages in the event of a stolen vehicle but is unlikely to cover others’ damages and certainly won’t cover any possible medical expenses from the incident. Comprehensive insurance offers coverage for theft and damages not caused by a collision. This would cover you, but not others, for the cost of repair or replacement if your vehicle is stolen.

The result of a stolen vehicle causing damage is often stressful and difficult to navigate. Although insurance may cover the damage, it tends to be an uphill battle to find any coverage when the damage is caused by a criminal act. We recommend talking to an attorney who is experienced in this field if it ever occurs to you.

For more information on insurance, click here.

Written By Chris Dolan and Cioffi Remmer

This week’s question comes from Leo from San Francisco, who asks: Now that self-driving cars are becoming a reality, who bears the responsibility for collisions involving driverless vehicles? Are there any laws protecting citizens?

Dear Leo,

Driverless cars, indeed, are becoming a reality. Over the last few years, self-driving vehicles have surged to the forefront of technological innovation, promising to revolutionize how we commute and interact with transportation. Driverless vehicles have undergone significant advancements in testing and production using artificial intelligence (AI), sensor technologies, and cutting-edge computing power. Major automotive industry giants and startups have been competing to bring this transformative technology to the masses, with the Bay Area leading the way.

For example, when companies like Waymo and Cruise test out their driverless taxis on city streets, the question that almost always comes up is, “Who is responsible for collisions involving driverless vehicles?”

Autonomous or driverless vehicles are supposed to have the advantage of obeying all road laws, having more reaction time, and the ability to avoid collisions. However, as of July 10, 2023, the California DMV had received 623 Autonomous Vehicle Collision Reports.

It is usually the case that technology outpaces legislation. Our legislatures have plenty of time to develop common sense rules and regulations for issues that foreseeably cause public tension. Health and safety are at the heart of most rules and regulations that govern technology and its interactions with the public. This concern would be tenfold in the case of thousand-pound motor vehicles without human control. Currently, in California, Autonomous Vehicles (driverless) are only allowed on public roads for testing purposes.

The California legislature has attempted to codify some essential regulations for testing driverless vehicles, codified in the California Vehicle Code Section 38750. Imagine a scenario where an autonomous vehicle (AV) collides with another vehicle or pedestrian. What would they require under California law?

A properly licensed individual must operate the AV. That means there should be a person in the vehicle with a valid driver’s license or a remote operator who monitors the vehicle live if no driver is physically present. That operator must also have a proper, valid driver’s license.
The manufacturer of the AV is required to have a testing permit and insurance in the amount of five million dollars ($5,000,000), of which proof thereof is to be maintained in the vehicle.
A plan with law enforcement agencies and first responders on interacting with the vehicle in emergency and traffic enforcement situations, which includes, but is not limited to, instructions on:
- How to communicate with the remote operator (who must always be available);
- Where in the vehicle is the proof of registration and proof of insurance;
- How to safely remove the vehicle from the roadway;
- How to disengage autonomous mode.
Once law enforcement arrives, they must follow their plan to interact with Autonomous Vehicles. For example, the San Francisco Police Department has a current directive on interacting with autonomous vehicles. SFPD is required to document both injury and non-injury crashes involving an AV, whether physically operated or remotely monitored, using the CHP555 collision report, which they forward to the Commercial Vehicle Unit.
Within ten (10) days of the collision, whether it resulted in damage of property or bodily injury or death, the manufacturer must also report the incident to the Department of Motor Vehicles after the collision.

Ultimately, who is responsible? Like any roadway collision, this is usually determined by figuring out who is at fault. One of the advantages of AVs is that there is audio and video recording at all times, and usually electronic data or telemetry. But determining fault may or may not be as simple as reviewing video or looking at electronic data. In either case, the manufacturer would likely submit the claim to their insurance carrier. If you’re involved in a collision with a driverless vehicle, it is critical to report it to law enforcement and your vehicle insurance carrier. If you’ve been injured in the collision, contact an attorney to help determine your rights.

How Are Autonomous Vehicle Manufacturers Being Regulated by The State And Federal Government

This week’s article is the second in my series on current and proposed regulation for autonomous and robot vehicles (AV). As I outlined last week, several agencies are moving forward with regulations — or in the case of the Federal Government, guidelines — designed to deal with this emerging technology, which is moving faster than the ability to regulate it. Let’s look at why this is so dangerous.

An Update On New Regulations Concerning Automated Vehicles

This week’s column covers recent developments in laws and regulations concerning automated vehicles, which you may know as “driverless cars” or “robot cars.”

The area of Automated Vehicle (AV) law and regulation is rapidly evolving. It is a complex process which involves elected legislative bodies, regulatory bodies, and vehicle manufacturers. There are countless human lives and billions, if not trillions, of dollars at stake as this technology develops and these vehicles enter our transportation infrastructure.

Are self-driving cars safe if no one can take control of the car in an emergency?

Self Driving Car illustration cropped.jpg

This week’s question comes from Adrian H. in San Francisco who asks: “I read something in the paper about self-driving vehicles the other day. Did the government recently state that these cars can be operated without someone being able to take control in an emergency? What does that mean: will we be seeing cars on the road without someone in the driver’s seat?”

Who is Legally Responsible When Self-Driving Cars Crash?

In a collision caused by a self-driving car, is the passenger, car owner, manufacturer liable? Or are all three legally responsible. Chris Dolan explores answers to these questions.

In a collision caused by a self-driving car, is the passenger, car owner, manufacturer liable? Or are all three legally responsible. The calculus of duty is uncertain, and this issue lies at the heart of policy, legislative, and regulatory discussions of autonomous vehicles. Chris Dolan explored these issues in an article published in the February 2016 issue of Trial magazine.

Determining Liability in Driverless Car Accidents

Today’s question comes from Wallace D. in Knob Hill who asks: “I read your article on the driverless vehicle. Isn’t this just sci-fi? Will they ever actually hit the market and if they do, what will they look like and who will be responsible if there is a crash?

According to the National Highway Transportation and Safety Administration (NHTSA), in 2011 America’s 212 million licensed drivers crashed over 5.3 million times, injured 2.2 million people and killed another 32,367. Road traffic injuries have become the leading killer of young people aged 15 to 29. According to a World Health Organization Report, almost 1.3 million people die each year on the world’s roads making this the ninth leading cause of death, globally.

Worldwide, road crashes cause between 20 million and 50 million non-fatal injuries every year.

Who is Responsible When Your Car is Hacked?

This week’s question comes from Terry C. from San Francisco “is it true that somebody hacked into a regular car and took over control from the driver. Who is responsible if that happens and someone is injured or killed?”