This past summer, tragedy struck Red Deer when the RCMP responded to a serious motor vehicle collision involving a stolen vehicle. Police reported that the driver of the stolen car fled the scene by stealing another vehicle from a passerby who had stopped to help. After being involved in a second collision, the suspect fled on foot but was soon apprehended.
Sadly, as a result of the first crash, 46-year-old Red Deer resident, Shelley Thornton, was fatally injured. RCMP expressed condolences to her family and friends. On October 23, the driver responsible, Ryan Allan Bell, was convicted of criminal negligence causing death, causing an accident resulting in death, and breaking and entering. He has been sentenced to 10 years in prison.
This incident underscores a devastating and complex scenario: innocent motorists injured by someone driving a stolen vehicle. In Alberta, these cases raise difficult questions about compensation and recovery because the driver is usually uninsured or untraceable for civil liability.
Civil vs. Criminal Proceedings After a Serious Collision
When a crash involves criminal behaviour, such as impaired driving, theft of a vehicle, or fleeing the scene, two legal processes unfold. The criminal process, led by the Crown, aims to hold the offender accountable through charges and sentencing. The civil process, on the other hand, is about compensating victims for their losses.
Even when the accused faces serious criminal charges, victims or their families must still pursue a separate civil claim to obtain damages for medical costs, lost income, pain and suffering, and other related losses. A criminal conviction does not automatically result in compensation to victims. This distinction becomes particularly significant when the at-fault driver was operating a stolen or uninsured vehicle.
The Problem of Insurance Coverage in Stolen Vehicle Collisions
Under Alberta’s Traffic Safety Act and Insurance Act, insurance follows the vehicle. Ordinarily, if someone is injured in a car crash, they can bring a claim against the at-fault driver’s automobile insurer for damages. However, when a car is stolen, the vehicle’s insurance typically does not cover the thief’s negligence. The owner’s insurance applies only to authorized drivers.
This means the innocent victim cannot simply sue the owner’s insurer for the thief’s wrongdoing. Unless the vehicle’s owner was negligent (for example, by leaving keys in an unlocked running car), liability will rest solely with the thief, who often has no assets or insurance. This creates a significant gap in recovery options.
Direct Claims Against the At-Fault Driver
In Alberta, a person injured in a motor vehicle collision can sue the at-fault driver directly for damages. However, when the driver is a thief or otherwise uninsured, this often proves to be an empty remedy. Thieves rarely have the financial means to satisfy a judgment, and any criminal penalties imposed on them do not translate into compensation for the victim.
Nevertheless, initiating a claim can still be worthwhile, as it preserves the victim’s rights and may help access other sources of compensation, including the Motor Vehicle Accident Claims Program.
Alberta’s Motor Vehicle Accident Claims (MVAC) Program
Recognizing the problem of uninsured and unknown drivers, Alberta established the Motor Vehicle Accident Claims (MVAC) Program. MVAC provides compensation of up to $200,000 to eligible claimants who are injured or killed by uninsured or unknown drivers within Alberta.
To qualify, a claimant must demonstrate:
- That the accident occurred in Alberta
- That the at-fault driver had no valid insurance (or that all reasonable efforts have been made to identify an unknown driver)
- That the claimant was not wholly at fault for the collision
Where the driver of a stolen vehicle causes injury or death, MVAC is often the primary avenue for recovery. The program acts as a safety net, ensuring that victims are not left entirely uncompensated.
How MVAC Works in Practice
To make a claim under MVAC, victims must typically file a lawsuit naming both the at-fault driver and “Administrator of the Motor Vehicle Accident Claims Act” as defendants. The MVAC Fund then steps into the shoes of the uninsured motorist to pay damages, up to the statutory maximum.
Because the limit is $200,000 per accident (not per person), victims may face pro-rated payments if multiple claimants are involved. It is therefore essential to act quickly to preserve your rights and ensure your claim is properly documented and filed.
Suing the Vehicle Owner for Negligence
Although insurance generally does not cover unauthorized drivers, the owner of the stolen vehicle may still be liable if their negligence contributed to the theft. For example, if the vehicle was left running and unattended, or if the owner was aware that the driver was unlicensed but still allowed access, a claim may be possible under common law negligence principles.
Such claims are fact-specific and can be challenging to prove, but in some cases, they provide an additional source of compensation beyond MVAC. A skilled personal injury lawyer will carefully examine the circumstances of the theft to determine whether a claim against the vehicle owner is viable.
Accessing Section B Benefits
In Alberta, Section B benefits provide limited medical and disability coverage to individuals injured in motor vehicle collisions. These benefits are available regardless of who was at fault.
If you were injured in a crash caused by a stolen vehicle while occupying another insured vehicle, you can access Section B benefits under your own automobile policy. These benefits typically include:
- Medical and rehabilitation expenses
- Disability income benefits (if you were employed)
- Death benefits and funeral expenses in fatal collisions
Section B benefits are not a substitute for a full civil claim, but can provide immediate financial support while you pursue other legal avenues.
Pain and Suffering and the Minor Injury Regulation
Alberta law places a cap on damages for pain and suffering for “minor injuries” under the Minor Injury Regulation. However, injuries involving significant impairment or psychological trauma often fall outside the cap. Collisions involving stolen vehicles and criminal behaviour tend to cause serious injuries, making full general damages potentially recoverable.
A personal injury lawyer will assess whether your injuries are capped or exempt. This assessment is critical to accurately valuing your claim.
Wrongful Death Claims
When a loved one is killed by the driver of a stolen vehicle, surviving family members may bring a wrongful death claim under Alberta’s Fatal Accidents Act. This legislation allows certain relatives to claim bereavement damages, funeral costs, and loss of financial support.
Even in these tragic circumstances, the same insurance complications arise: the thief will be uninsured, and MVAC may be the only available source of compensation unless the vehicle owner was negligent. Prompt legal advice can ensure the claim is advanced correctly.
Timelines and Notice Requirements
Alberta’s Limitations Act imposes strict deadlines on civil claims. In most cases, victims have two years from the date of the accident to file a lawsuit. However, MVAC requires prompt notice, and a strict 90-day notice period applies in cases involving unknown drivers. Failing to meet these deadlines can result in the forfeiture of your right to compensation, so contacting legal counsel early is absolutely critical.
Looking Ahead
This summer’s Red Deer crash is a heartbreaking reminder of how quickly criminal behaviour behind the wheel can change lives forever. For victims and their families, understanding the civil compensation process is a key step toward recovery.
Alberta’s MVAC program, Section B benefits, and potential negligence claims against vehicle owners together provide a framework for recovery. However, navigating these systems requires knowledge, persistence, and timely legal action.
Cuming & Gillespie LLP: Leading Calgary Personal Injury and Car Accident Lawyers
If you’ve been injured by the driver of a stolen or uninsured vehicle, the experienced personal injury lawyers at Cuming & Gillespie LLP can help. We’ll explain your legal rights, identify all possible compensation sources, and protect your interests throughout the process. To schedule a consultation, contact us online or call (403) 571-0555.