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Caught in a Police Chase: Whose Insurance Pays When a Fleeing Driver Hits You

Quick answerWhen a driver fleeing the police crashes into you, the police agency is often immune: under Vehicle Code 17004.7, an agency that adopts a compliant written pursuit policy and trains its officers on it annually is not liable for collisions caused by the vehicle being pursued. That leaves the fleeing driver and their insurance, which may be thin or contested, so your own uninsured motorist and collision coverage often do the real work.

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Being hit by a car fleeing the police is one of the most frightening ways to be in a crash, and one of the most confusing afterward. People assume the police department will be responsible, or that the fleeing driver's insurance will simply pay. In California, neither assumption is safe.

Why the police agency is often immune

Vehicle Code section 17004.7 gives public agencies a specific immunity. An agency employing peace officers that adopts and promulgates a written policy on vehicle pursuits, and provides regular and periodic training on it every year, is immune from liability for civil damages for injury, death or property damage resulting from a collision with a vehicle driven by someone being pursued, or who believes they are being pursued, by its officers.

The statute sets conditions. The policy must meet minimum standards the section lists, covering matters such as when to start a pursuit, how many police vehicles may take part and how officers communicate. Promulgating the policy includes requiring every officer to certify in writing that they have received, read and understood it. And the immunity is in addition to any other immunity the law provides. Adopting such a policy is optional for an agency, but most of the protection depends on it.

When a public agency may still be responsible

Whether an agency actually met the statute's requirements is a question of fact, and it is something a lawyer would examine. A different rule applies if a police vehicle itself hits you: Vehicle Code section 17001 makes a public entity liable for injury or property damage caused by an employee's negligent operation of a motor vehicle within the scope of employment, although emergency-response rules can complicate those cases. Any claim against a public agency for injury or damage to personal property generally must be presented within six months under Government Code section 911.2.

The fleeing driver and their insurance

The person who fled is responsible for the harm they caused, but collecting is another matter. Fleeing drivers are often uninsured, driving someone else's car, or driving a stolen one. When there is a policy, the insurer may contest coverage: Insurance Code section 533 provides that an insurer is not liable for a loss caused by the wilful act of the insured, which can limit what that policy pays. If the car was stolen, its owner's responsibility generally turns on permission, since Vehicle Code section 17150 makes owners liable for drivers using the car with their permission, express or implied.

Your own coverage does the heavy lifting

Without these, a crash caused by a fleeing driver can leave you with almost nowhere to turn. That is the strongest argument for keeping uninsured motorist coverage at meaningful limits.

What to do after

  1. Get medical care and let responders handle the scene.
  2. Get the report number and the name of the police agency that was pursuing, not just the one that responded.
  3. Photograph the scene and gather witness contacts and any nearby camera footage.
  4. Notify your own insurer promptly, and tell them a pursuit was involved; it shapes which coverages apply.
  5. Note the six-month deadline for any claim against a public agency, and get legal advice if you were seriously hurt.
  6. If anyone was injured or damage was over $1,000, file your SR-1 with the DMV within 10 days.

At a glance

Possible source of paymentWhen it appliesLaw
The pursuing police agencyOften immune if it adopted and trained on a compliant pursuit policyVEH 17004.7
A public agency whose own vehicle hit youLiable for an employee's negligent driving, subject to its defensesVEH 17001
The fleeing driver's insurerMay contest coverage for a wilful actINS 533
The car's owner, if not the driverLiable for permissive drivers, not generally for thievesVEH 17150
Your own UM, collision and med payUnder your policy's terms, regardless of the other sideYour policy

If you are not sure your uninsured motorist limits would carry you through a crash like this, you can compare options with a licensed broker.

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More of what callers ask

Can I sue the police if a driver they were chasing hits me?

Often not successfully. Vehicle Code 17004.7 makes an agency immune if it adopted a compliant written pursuit policy and trains officers on it annually. Whether an agency met those requirements is a fact question for a lawyer.

Will the fleeing driver's insurance pay?

It may, but fleeing drivers are often uninsured or in someone else's car, and an insurer can raise Insurance Code 533, which says it is not liable for a loss caused by the insured's wilful act.

What coverage protects me in a police-chase crash?

Your own uninsured and underinsured motorist coverage for injuries, collision for your car, and medical payments coverage if you carry it.

What if a police car hit me?

Vehicle Code 17001 makes a public entity liable for an employee's negligent driving within the scope of employment, subject to its defenses. A claim must generally be presented within six months.