Carjacked? This is What You Can Do 

According to the National Highway Traffic Safety Administration (NHTSA), in the United States, a vehicle is stolen every 37 seconds. While many cars come with built-in alarm systems, it’s best to practice common sense when parking and exiting your vehicle. This means locking your doors, closing all the windows, taking all valuables with you, or putting them out of sight. Some thieves may also want your car parts to sell for some quick cash.  

If you happen to catch one of them in the act and are injured in an altercation, you may have a personal injury case. Meeting with a personal injury lawyer in Oakland can be your safest chance at getting compensated for an injury. 

What is Carjacking? 

Most people believe carjacking is simply stealing a vehicle. However, it’s more complicated than that. Under federal and state laws, for a carjacking to take place it requires that a car is taken from another person using force, intimidation, or threat. This is treated as property damage and a violent offense.  

If found guilty of carjacking in California, the perpetrator faces anywhere between 3 to 9 years in California State Prison. If there are more serious charges in addition to carjacking, the sentence increases.  

Basic Carjacking 

Basic carjacking means taking a vehicle without the use of a deadly weapon but with the use of force or threats. This can mean forcibly removing someone from their vehicle and speeding off or stealing a car parked near someone’s home.  

Armed Carjacking 

Armed carjacking means the perpetrator used a weapon or implies they have one in their possession during the event.  

Did a carjacking attempt result in your injuries? Connect with the police and a personal injury lawyer in Oakland from Vaziri Law, LLP today to find out whether you have a case.  

How To Report a Carjacking 

Report a carjacking with these steps:  

1. Call the authorities. – Like any other crime, it’s best to call the authorities for assistance.  

1. Avoid confrontation. – Do not try to engage the individual but also try to get some evidence of the action via photos or video. If this happens while you’re asleep, call the authorities as soon as possible to start the search for your car.  

1. Report your car to your insurance company as well. – This can prevent you from being held liable for any damages the driver may do in or to your car. 

What Can a Carjacker Be Charged For? 

In addition to the base carjacking, a perpetrator can be sentenced for additional crimes depending on their methods. Common examples include: 

• Assault with a deadly weapon  

• Auto burglary  

• Battery  

• Battery with serious bodily injury  

• Grand theft auto  

• Joyriding  

• Kidnapping during a carjacking  

• Robbery 

Does My Insurance Cover a Carjacking?  

If you have comprehensive coverage, then car theft is covered no matter where you are parked. In California, comprehensive coverage is optional unless the vehicle in question is financed or leased. Lenders typically require drivers to carry comprehensive coverage.  

What is Covered by Comprehensive Coverage? 

Comprehensive coverage pays for damage to the insured vehicle if it was damaged from an event not on the road. This includes theft, hail, flooding, fire, vandalism, and falling trees. 

Can I Get a Lawyer If I’m Injured in a Carjacking?  

If you were injured in a carjacking, you may benefit from speaking to a personal injury attorney in Oakland. Car accidents don’t need to happen in a personal injury case. Many of these cases stem from workplace accidents caused by negligence or assault, which counts as battery.  

If you were injured in a carjacking, your best recourse would be to call the authorities and start a police case immediately. This can help solidify a time frame and obtain as much evidence possible from nearby surveillance footage.  

What Evidence Do I Need for a Personal Injury Case? 

In a car or workplace accident, defendants must prove negligence to qualify for a personal injury case. For a carjacking case, you need to prove battery. Contrary to popular belief, actual injury doesn’t need to happen, but the very real threat of injury must be present. For example, if a carjacker says they have a gun, that can qualify as battery since it affected your actions in the incident.  

Photo and Video Evidence  

To file a personal injury case, your evidence must prove intentional touching, harmful nature of contact, and the lack of consent. In a personal injury case, video and photos are the most valuable pieces of evidence you can submit.  

They provide an irrefutable timeline and can be checked alongside witness, victim, and/or perpetrator testimonies. It’s in your best interest to obtain this footage within the first 24 to 72 hours after an event in a public area. Many of these areas wipe their footage after a set period, so request that footage immediately.  

Medical Records 

Many victims skip a doctor’s visit because their injuries aren’t that serious, or they can’t afford medical care. If you’re looking to have a solid personal injury case, this will hurt your claim. Even if your injuries are not severe, having a professionally validated record of what your body looked like after the incident can help your personal injury lawyer make a strong defense on your behalf.  

Police Reports  

A police officer’s preliminary investigation provides an official record of events based on their observations and statements from the people involved. However, the findings in the report can be minimized or overlooked based on the officer. This is why it’s important to collect all the information you can instead of relying on one piece. 

Digital Evidence 

In a battery case, threatening messages can establish intent. For example, if a friend or family member stole your car and assaulted you in the process and sent an apology text afterwards, that can be used to prove battery.  

If the perpetrator brags about it on social media, that can also be used in court to prove battery. If you come across these posts or receive any texts, screenshot or screen record them immediately before they’re taken down.  

Lost Wages 

If you were severely injured in a carjacking and missed work because of it, you can potentially be compensated for your time. To prove lost wages, you must show a comparison between your usual wages and the wages you lost due to an accident. 

 You can do this by comparing pay stubs if you’re an hourly or salaried worker. If you work based on commission or are self-employed, you must document any potential loss yourself or with the help of a forensic accountant.  

How Does a Forensic Accountant Help My Carjacking Case?  

A forensic accountant analyzes financial information in legal cases. They examine records, trace funds, and recover lost assets. They use data to determine if a crime happened and the probability of intent. They’re often used in insurance investigations to provide in-depth economic analysis of a vehicle or home accident.  

FAQ 

Does Comparative Negligence Apply in a Personal Injury Case? 

Comparative negligence only applies in a negligence-based personal injury claim. Workplaces and other drivers have a duty of care to keep you and others protected by following safety rules and regulations. In a personal injury case via carjacking, the perpetrator did not have a duty of care towards you. They are considered a trespasser and considered a threat with criminal intent.  

Do I Need a Personal Injury Lawyer After a Carjacking?  

That depends on the circumstances of the carjacking. If you are injured in a carjacking, it is highly recommended that you visit a personal injury attorney as soon as possible. If not, call the police and your insurance company to alert them of the situation.  

Am I Liable for Any Damages the Carjacker Does with My Car? 

If you report your car as stolen to the police and your insurance company, then no. To avoid any potential disputes, it’s best to report a stolen vehicle as soon as possible.  

However, there is one exception. If you were careless with your vehicle and it was stolen because someone took advantage of that, then you would be held liable. For example, if you left your car running while you went to take out the trash and someone came and drove off with your car, then you could be held liable for an accident.  

Can I Sue if the Carjacker Gets into an Accident with My Car?  

If the police catch the driver, then it is possible. While your insurance company may know that your car was stolen, it doesn’t stop other people from reporting your car in an accident. It’s best to consult your insurance company to know your rights in this situation. 

Will I Go to Court? 

In many cases, a personal injury case doesn’t usually go to trial. Most of the time, settlements are made between all parties involved. In the chance that you do go to trial, your personal injury attorney will walk you through the process and answer any questions you may have.  

Our lawyers at Vaziri Law, LLP, are dedicated to helping our communities get the compensation they deserve. If you need a personal injury lawyer in Oakland, contact us today for a free consultation!