Carjacking Victims’ Legal Rights to Compensation
Civil Lawsuits, Auto Insurance & Victim Assistance Funds
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Carjacking victims may be eligible for compensation.
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Carjacking victims may be eligible for compensation.
Carjackings on the Rise in the U.S.
Carjackings are on the rise across the U.S. Many cities have seen a significant rise in carjackings. Philadelphia, for example, is on track to double the number of carjackings this year, compared to last year. Additional cities with similarly high rates of carjackings include Chicago, Washington D.C., Newark, NJ and New York City.
Carjacking Victims – Beyond the Initial Occupants of the Stolen Car
Carjacking victims include not only the occupants of the stolen car, but also bystanders such as pedestrians or occupants of other cars that are struck at any time during the commission of the crime.
Whether it’s the occupant of the stolen car or a bystander, victims often sustain critical injuries and in the most serious cases, fatalities occur. Unfortunately in many cases, the criminals are never apprehended and brought to justice.
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Multi-Million Settlement for Carjacking Victims
Seeking Justice Outside the Criminal System
Despite the fact that many criminals are never prosecuted, a criminal case is not required to proceed with a civil case. Many carjacking victims do not know that they may be entitled to seek justice outside the criminal system. This includes civil lawsuits, auto insurance claims and state-funded financial assistance.
About Our Law Firm
Since 2016, Morris Wilson Knepp Jacquette, P.C. has achieved a Best Law Firm rating by U.S. News & World Report in the areas of medical malpractice law and personal injury law.
If you or a loved one was injured in a carjacking, please contact our firm for a FREE, CONFIDENTIAL consultation. We are currently investigating carjacking cases with the goal of making clients and their families as whole as possible. Cases are accepted across the U.S. (610) 825-0500
Civil Lawsuits
Thorough investigation into the facts of a carjacking is critical in determining whether victims have a potential civil lawsuit and who the defendants may be. The facts of a given case will determine the nature and extent of any such civil case. Claims can include product liability or negligence.
A product liability claim may be brought against a car manufacturer for a defective condition of the car that lead to the carjacking. For instance, automatic door lock mechanisms which unlock when a car engine is running but placed in the park gear may lead to a carjacking.
In recent months, Philadelphia has seen a marked increase in the number of specific types of cars being targeted in carjackings. One explanation may be criminals becoming increasingly aware of the auto door lock mechanisms. Read more about personal injury lawsuits for carjackings due to auto door locks.
In another situation, a negligence claim could be brought against a gun owner who failed to reasonably secure a gun, which was then used by a relative to commit a carjacking.
The key in any civil matter involving a carjacking is prompt and thorough investigation of all facts–no stone can be left unturned.
Auto Insurance Claims
Although car insurance law varies state to state, carjacking victims may file car insurance claims for medical bills, lost wages and in some cases, pain and suffering. These claims may be made under a variety of applicable insurance policies, including those covering the stolen car, the occupants, etc. Personal Injury Protection (PIP) for medical bills and lost wages or Underinsured or Uninsured Motorist Coverage (UIM/UM) are likely to come into play, again depending on state law.
For example, a family is involved in a serious car accident caused by a criminal who crashes into the family’s car after committing a carjacking. Several family members sustain major injuries. Because the injuries were sustained in a car accident, they would be able to access their own car insurance policy for coverage of medical bills and UIM/UM coverage.
State-Funded Financial Assistance: Crime Victim Compensation Funds
Many states provide financial assistance to victims of crime. Victims are required to apply and are usually only allowed to receive compensation for medical bills, lost wages and other direct financial losses. Pain and suffering is typically not covered. Below is a list of some states’ victims compensation programs (current as of September 2022).