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

On this page:

• Why the police agency is often immune
• When a public agency may still be responsible
• The fleeing driver and their insurance
• Your own coverage does the heavy lifting
• What to do after
• At a glance

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

• Uninsured and underinsured motorist coverage pays for your injuries when the at-fault driver has no insurance, not enough, or coverage that is denied. California includes it with bodily injury liability unless you rejected it in writing.
• Collision coverage repairs your car regardless of whether anyone else ever pays, minus your deductible, and your insurer can pursue the fleeing driver afterward.
• Uninsured motorist property damage, if your policy has it, may cover car damage when the at-fault driver is uninsured, under the policy's conditions.
• Medical payments coverage, if you carry it, helps with medical bills regardless of fault.

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

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.