Officers sue stolen car owners for injuries

guttenberg

http://www.belfasttelegraph.co.uk/news/local-national/northern-ireland/police-officers-to-sue-owners-of-stolen-cars-if-they-are-injured-during-chase-29140426.html

Police officers in Northern Ireland are lodging personal injury claims against victims of car crime whose vehicles have been involved in accidents.

According to the BBC a number of cases involve stolen cars that have been damaged following police chases.

The police have then sustained injuries when bringing the cars to a stop.

Although the owners were not involved, they are being potentially financially penalised as they are being pursued for the civil claims.

The owner's no-claims bonus can be affected and their car insurance premiums can increase as a result.

SDLP MLA Alban Maginness, who brought the matter to the attention of the justice committee, said two of his North Belfast constituents had received claims.

"Here are cases where victims of crime are actually penalised financially as a result of the act of criminals," he said.

"It seems to them and me to be totally unjust and quite unfair that they have to carry the burden of the criminal's actions."

Just looking for some ES personnel perspective on this. Is this common with Garda aswell? surely any injuries sustained on duty would be covered by the PSNI? I assume most owners would want their car back, but not for the officers to put themselves in a position where they may get injured doing so(i.e. ramming the car) and having their insurance go up further as a result. I can understand the outrage any owner would feel getting word about such a claim.

SB2013

Gardaí injured in this manner would be compensated under the Garda compensation scheme I believe.

Seems a little silly. "I got hurt, and it's your fault because you let your car get stolen!". Logical.

SB2013

Deleted User wrote: »

Seems a little silly. "I got hurt, and it's your fault because you let your car get stolen!". Logical.

Anyone who gets injured would sue the insurance company, not just the police.

SB2013

SB2013 wrote: »

Anyone who gets injured would sue the insurance company, not just the police.

Why not claim from the person who stole the car, though, is what I mean?

the_syco

I hope if anyone does get sued, that they sue the police who sued them double the amount for their car getting stolen in the first place! :pac:

fasttalkerchat

Deleted User wrote: »

Why not claim from the person who stole the car, though, is what I mean?

The injured party sues the insurance policy of the stolen car. Its up to the car owner or his insurer to sue the thief (good luck getting any money).
Your only real hope would be to go to the press and shame them out of it and I would imagine that's what that article was about.

Possibly you could counter claim against the police for actually hitting the car, not sure?

Del2005

fasttalkerchat wrote: »

The injured party sues the insurance policy of the stolen car. Its up to the car owner or his insurer to sue the thief (good luck getting any money).
Your only real hope would be to go to the press and shame them out of it and I would imagine that's what that article was about.

Possibly you could counter claim against the police for actually hitting the car, not sure?

If the car has been TWOK'ed how is the insurance policy valid? The UK police aren't shy about confiscating cars when the driver isn't licensed for it as it isn't insured. So would it not be the case that if the person driving the car when it crashes into the police isn't insured to drive it, it's not insured therefore they can't sue the insurance company as they aren't liable?

fasttalkerchat

Del2005 wrote: »

If the car has been TWOK'ed how is the insurance policy valid? The UK police aren't shy about confiscating cars when the driver isn't licensed for it as it isn't insured. So would it not be the case that if the person driving the car when it crashes into the police isn't insured to drive it, it's not insured therefore they can't sue the insurance company as they aren't liable?

If you're pulled over driving your mates car and he let you take it you're uninsured and get 6 points and a £250 fine. He's also in trouble for giving it to you.
If you stole the car from him you are insured and he's in no trouble... however you will be prosecuted for stealing the car.

Del2005

fasttalkerchat wrote: »

If you stole the car from him you are insured and he's in no trouble... however you will be prosecuted for stealing the car.

How can I be insured in a vehicle I've stolen? If I buy the car off him and drive down the road I'm not insured in it yet stealing it I am

fasttalkerchat

Del2005 wrote: »

How can I be insured in a vehicle I've stolen? If I buy the car off him and drive down the road I'm not insured in it yet stealing it I am

If someone breaks into your car and lets the handbrake down your insurance will pay out for damage done. You will then have to sue whoever let the handbrake down. Its the same if they drove it.

On one of those Road Wars shows they pulled over someone driving a car with no ID or docs. He said it was his mates car and called his mate down.
The cops asked the owner if he gave permission for his car to be driven by the driver.

If he said yes, he got the 6 points and fine as did the the driver.
If he said no, he got off but his mate would be done for stealing the car.

MugMugs

Del2005 wrote: »

How can I be insured in a vehicle I've stolen? If I buy the car off him and drive down the road I'm not insured in it yet stealing it I am

Compulsory insurance under "insurer concerned"

If there's an active policy on the vehicle the. There's a mark for a claim.

What happens in the event of the owner not being insured on the vehicle when it's stolen?

Hardly make a personal claim against the owner?

Still all seems a little bit silly to me. If you're unfortunate enough to get your car stolen, it's bad enough having to pay the Fire Service to cut someone out of it without the Police coming after you with personal injury claims, too.

fasttalkerchat

Deleted User wrote: »

Still all seems a little bit silly to me. If you're unfortunate enough to get your car stolen, it's bad enough having to pay the Fire Service to cut someone out of it without the Police coming after you with personal injury claims, too.

Thankfully there's no charge for the fire service in the north.

SB2013

Deleted User wrote: »

What happens in the event of the owner not being insured on the vehicle when it's stolen?

Hardly make a personal claim against the owner?

Still all seems a little bit silly to me. If you're unfortunate enough to get your car stolen, it's bad enough having to pay the Fire Service to cut someone out of it without the Police coming after you with personal injury claims, too.

In that case the claim would be off the MIBI.

FGR

I was of the impression that one would sue the British equivalent of the Motor Insurance Bureau given that they cover uninsured drivers.

And, being that the person who nicked the car is uninsured - this would be the way to go.

carzony

This happened to a friend of mine a few years ago, He lent his car out and long story short it ended up stolen, The fella rammed 3 garda cars and I think somthing like 5 officers claimed off his insurance..

fasttalkerchat

Here's a real chancer! Suing a petrol station owner because she tripped over the kerb... at night... while on duty when he was burgled.

http://www.bbc.co.uk/news/uk-england-norfolk-21987343