Expert: Doctor Settlement - 4/9/2008

Question
there was a hit and run where the driver hit car parked behind mine. the owner of the car parked behind mine hadn't parked there before that night. Is his insurance responsible for the damages to my vehicle?

Answer
Hi Vanessa,

Sorry to see that your request sat for so long unanswered until I returned this morning from vacation.  Dr. Settlement likes to help personal injury claims to settlement, but there was a mistake in my vacation days, hence the delay.

As I understand your question, there are three vehicles involved in this accident.  Car #1 is the hit and run driver, who hits car #2, which is parked in back of your car (vehicle #3).

The liability for damages to your vehicle is with car #1, UNLESS there was some negligence in the way car #2 parked.  You are hinting at something car #2 did wrong because he had not parked there before last night.  

But in what way did this lead to the damage to your car?  Was his car sticking out into the roadway so that he is responsible for the car #1 hitting him?  That is the only way I can think of that car #2 would be liable.

It will be your Uninsured Motorist Property Damage coverage that will pay 100% of the loss.  This is NOT an "at-fault" accident, so you need not worry about your rates going up.  If you have no UIM PD coverage, then your collision coverage will kick in, but that is subject to your deductible.

Best wishes,

DR. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com