Can I ask the insurance company of the car that hit mine to pay for damages? 28 Answers as of July 12, 2013

I got into a car accident: somebody hit my neighbor’s parked van and run, the van hit my parked car. Can I ask the Van’s insurance company pay my car’s damage? My insurance is liability and my company cannot pay for repairing the damage.

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David Hoines Law
David Hoines Law | David Hoines
Probably not. What did the parked van do wrong?
Answer Applies to: Florida
Replied: 7/12/2013
David F. Stoddard
David F. Stoddard | David F. Stoddard
I do not believe your neighbor's insurance will pay because it is not the neighbor's fault the way you described the accident. The car that "run" is at fault. However, you should have uninsured motorist coverage as this is mandatory is South Carolina. Your uninsured motorist coverage will pay for any personal injury damages caused by a hit and run driver. I believe it also covers property damage as well (I deal with personal injury rather than property damage).
Answer Applies to: South Carolina
Replied: 6/3/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
If it was the car that was parked is the one that was rammed into your car then no. It wasn't the cars fault or the owners fault. Sorry.
Answer Applies to: Oregon
Replied: 6/3/2011
Law Office of Travis Prestwich, PC
Law Office of Travis Prestwich, PC | Travis Prestwich
Normally the insurance company for the car that hit the van would be responsible. If you cannot locate that company, you can try to get the van's insurer to pay. However, since the van owner was not at fault, it is unlikely it would be willing to pay.
Answer Applies to: Oregon
Replied: 6/3/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Yes, you can demand that the Van pay your damages since it caused them. Good luck.
Answer Applies to: New York
Replied: 6/3/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    Of course you can ask. But you are unlikely to get it. Unless you can argue that the van did something wrong - didn't use parking brake, parked too close to your car, etc - then the van's insurance company will say that 100% of the fault lies with the unknown hit-and-run driver. They are not responsible for his actions. Also, keep in mind the conflict this may cause between you and a neighbor. It may not be worth it.
    Answer Applies to: Missouri
    Replied: 6/3/2011
    The La Spina Law Firm, PC
    The La Spina Law Firm, PC | Mark La Spina
    Have you looked to see if you carry uninsured motorist coverage?
    Answer Applies to: Texas
    Replied: 7/12/2013
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    Under most circumstances, no. The van was not at fault for the damage it caused. This is one of the reasons that UIM insurance coverage is so important to have. It's not expensive, given the number of uninsured out on the road today, very necessary.
    Answer Applies to: Washington
    Replied: 6/3/2011
    Daniel Hoarfrost, Attorney at Law
    Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
    It doesn't appear that the parked van had any liability, so it's pretty difficult to make a claim against that ins. co.The claim is against the car that caused the damage.
    Answer Applies to: Oregon
    Replied: 6/3/2011
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    The quick answer is no. The owner of the van has no liability, the fault lies solely with the hit and run driver. Without comprehensive/collision coverage or uninsured motorist coverage, your own insurance company cannot help you.
    Answer Applies to: Texas
    Replied: 6/3/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Unless your neighbor was negligent in some way he owes you nothing. You have a hit and run sounds like. Check your policy and your agent and make sure whether you have uninsured coverage or any other coverage that will help.
    Answer Applies to: North Carolina
    Replied: 6/3/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    Not unless the van was illegally parked.
    Answer Applies to: Alabama
    Replied: 6/3/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    The only time the van's insurance would pay is if the owner or driver was negligent. Your only recourse is if you had collision insurance on your own car, and then that would be subject to your deductible.
    Answer Applies to: Florida
    Replied: 6/3/2011
    Law Office of Sam Levine, LLC
    Law Office of Sam Levine, LLC | Sam L. Levine
    Yes you can. You should speak with an attorney who handles insurance claims matters to get advice & for additional information. Good luck.
    Answer Applies to: Georgia
    Replied: 6/3/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    From the facts you have given, it is possible but doubtful that the insurance company of the van would afford coverage to you. Generally, insurance covers either the fault of its own insured (the driver who initially causes an accident), or it may also afford no-fault coverage to its own insured for things like property damage caused to the insured vehicle in a hit-and-run accident. That second kind of coverage may help the van owner to the extent the owner carries that kind of coverage. But it probably won't help you as a separate vehicle, owner unless you can show that the van owner was at fault in some way for where he/she parked such that it put your car at risk. If you believe that the van owner did something to contribute to the damage to your car, you may have a valid claim. Otherwise, I doubt the van's insurer will agree to cover your loss. Of course it can't hurt to ask, and you can request a copy of the policy to see if some provision may cover you.
    Answer Applies to: Florida
    Replied: 2/21/2012
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You can try. If they do not accept the claim they would probably tell you to find the car that caused the van to hit your car. That person can be arrested for leaving the scene and can be made to pay for restitution
    Answer Applies to: Connecticut
    Replied: 6/3/2011
    Law Office of William R. Falcone, Esq.
    Law Office of William R. Falcone, Esq. | William R. Falcone
    You would have to prove the van owner was negligent to establish liability and recover from them or their insurance. It sounds like they were as innocent as you. The responsible party is the unknown party. So the likely answer to your question is: no you can not expect to recover from the van owner.
    Answer Applies to: Colorado
    Replied: 6/2/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    Your claim is probably against the owner of the car that hit the van in the first place. It sounds like the only wrongdoer is the first drover, not the owner of the van.
    Answer Applies to: Oregon
    Replied: 6/2/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    You could ask, but I doubt the insurer will consent. I just don't see how they could be legally compelled to pay, and therefore, I think it is doubtful that you will be successful. Stay well.
    Answer Applies to: Alabama
    Replied: 6/2/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    I think I understand what you are saying, but the van did nothing wrong, so their insurance would not cover your loss. The original driver would. That is where the claim should be made.
    Answer Applies to: Michigan
    Replied: 6/2/2011
    West law Office
    West law Office | Russell West
    You will need to locate the driver that hit the van. The van owner was not the cause of the damage to your vehicle so they will have no liability.
    Answer Applies to: Washington
    Replied: 6/2/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    You can always ask.whether they pay or not is another question.
    Answer Applies to: Florida
    Replied: 6/2/2011
    The Law Offices of Mark Kotlarsky
    The Law Offices of Mark Kotlarsky | Mark Kotlarsky
    No. Your carrier should pay under uninsured motorist coverage.
    Answer Applies to: Maryland
    Replied: 6/2/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    It's probably a good idea to have comprehensive coverage, it's meant for exactly this kind of situation. Your neighbor probably has a claim on his own insurance policy (if the identity of the driver who caused the accident is unknown). You can submit a claim to them, and see what happens, but don't be surprised if they don't pay it. You would need to prove that your neighbor was somehow at fault in order for his coverage to pay for your damages.
    Answer Applies to: Utah
    Replied: 6/2/2011
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    You can ask; but they probably will politely decline. Hopefully, you contacted the police and reported the hit-and-run incident. If you didn't, you should. And then - if you don't have collision coverage on your policy, maybe you have Uninsured Motorist Coverage. If you do, your own insurance company may handle the damage to your car.
    Answer Applies to: Washington
    Replied: 6/2/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    Each policy is different and it depends on the actual policy. However, it is unlikely that the van policy is going to cover your car as the van owner was not at fault. You would need to have uninsured motorist coverage on your policy to cover the damages to your car or find the person who hit the van and have his insurance cover your loss.
    Answer Applies to: Oregon
    Replied: 6/2/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    There is no harm in asking, but the likelihood of them agreeing to pay is slim.
    Answer Applies to: California
    Replied: 6/2/2011
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