First of all, while generally the insurance of the at fault vehicle would be the primary insurance to cover both the damages to your car and your injuries. In this scenario since the car was stolen, it likely would not provide coverage for this case. Thus, you would have to look into whether the driver has other insurance. As the fact pattern suggests that the car was stolen, in all likelihood, the driver would not have insurance and even if he did it is very possible that the insurance would not cover as the accident took place in a stolen car. You could always sue the driver personally, but, again if he is a thief he is likely not worth suing (in other words, even if you obtained a judgment against him, that you would not be able to collect the judgment).
If you had uninsured motorist coverage, then you would be able to make a claim against that coverage. Generally, uninsured motorist coverage would apply from the car you were in, meaning from your own insurance or even possibly from a family member that you lived with. If any of these options contained uninsured motorist coverage, you very likely would be able to make a claim against that, then a case would be possible, if you were injured in the accident.
Of course, every case is unique and has to be evaluated based on the specific facts of the case. The advice in this blog is general in nature and should not to be construed as specific advice for a case, as any difference in the facts could ultimately change the result. Also, this blog is based on Florida law and the laws of any other states or another country could vary significantly from Florida.
