A man in Warren, Michigan now has to walk to work after a Memorial Day high-speed car chase ended in a crash that totaled his only vehicle.
The incident began as a routine traffic stop, when the driver of a Chrysler 300 was pulled over for a tinted window violation. At some point the driver took off and led police on a dangerous car chase before smashing into Rick James’ 1991 Jeep Wrangler and crashing into a nearby porch.
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“It was a loud crash — loud, big bang,” James told WXYZ Detroit. “I don’t have money to buy another one. It took me 10 years to put this one together.”
James said he did all the restoration work on his Jeep and it was his only mode of transportation. Now, he’s forced to walk to whevever he needs to be.
The driver of the Chrysler 300 — a 25-year-old man with no license who police believed to be intoxicated — fled when officers attempted to stop him near 9 Mile Road. Moments later, he crashed into James’ Jeep, which was parked on the road just outside of his home.
Public questions high-speed car chase tactics
James’ Jeep wasn’t the only local victim of a police chase that weekend. Just two days earlier, a separate pursuit in Warren ended in tragedy when a fleeing driver crashed into a car at 9 Mile Road and Van Dyke Avenue, killing 71-year-old Wendy Drew.
The back-to-back incidents have raised community concerns about the Warren Police Department’s pursuit tactics. However, police say their policies strike the right balance between enforcing the law and protecting public safety.
“The loss of Ms. Drew has reverberated throughout this department,” said Warren Police Commissioner Eric Hawkins during a press conference. “I privately expressed my condolences to this family and publicly let them know our thoughts and our prayers are with them.”
Still, Hawkins defended the department’s approach, noting that officers have discretion in initiating chases and that a supervisor monitors each pursuit. While Warren has seen more than 60 pursuits this year, officials say the number is trending downward and most have followed department policy.
“The message has to be clearly sent that this is not a police problem; this is a people problem,” said Hawkins. “People who have refused to comply with lawful orders.”
But residents like James are not convinced.
“I think their tactics are very wrong,” said James. “I think they can do much better.”
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Who is liable for damage caused by a police chase?
For innocent bystanders like James, the damage from a police chase is more than just a personal inconvenience — it’s a financial blow with murky legal options.
In Michigan, the law generally protects officers and police departments from liability for damage that occurs during high-speed pursuits, unless the offending officer’s actions rise to the level of gross negligence — which is a higher legal standard than ordinary carelessness. Gross negligence means the officer acted with reckless disregard for public safety.
In James’ case, because the suspect’s vehicle — not the police cruiser — hit his Jeep, the city is likely not liable for the damages. In most cases where police are not directly involved in the collision, victims must file claims with their own insurance provider. Even then, reimbursement can be tricky.
Callender Bowlin, a law firm that specializes in auto accidents, explains that if the at-fault driver is uninsured or lacks assets, you could be left relying on your own insurance coverage or facing out-of-pocket costs.
“In cases where the suspect directly causes damage to your vehicle during a pursuit, they are typically held liable,” the firm notes on its website. “However, this process is not always straightforward.”
Uninsured suspects or stolen vehicles can make collecting compensation difficult. In those cases, your best route may be through your uninsured motorist coverage — if that coverage is part of your auto insurance policy.
The Michigan Municipal Risk Management Authority (MMRMA), which covers many local police departments, has historically paid out large settlements for the most serious accidents. However, the MMRMA also endorses shielding police officers from civil lawsuits tied to high-speed pursuits unless they were grossly negligent.
So, what can you do if your property is damaged during a police pursuit? Here are a few key steps to take:
1. File a police report immediately, documenting the incident.
2. Contact your insurance provider, even if you think the damage might not be covered.
3. Ask the police department for information about the pursuit and the suspect(s) for possible civil action.
4. Consider speaking with an attorney, especially if your damages are significant and your insurance denies the claim.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
