Expert: Charlie Barone - 1/14/2010

Question

I was parked on a street.  A semi truck hit a car & the car smashed into my parked van.  The semi cannot be located. The car's insurance has denied liability to my vehicle, therefore, leaving my insurance to pay my damages & me to pay my deductible.  This seems crazy - I was parked.  Do I have any further action I can take?

Answer
Kelly,

Absolutely you have rights. The the owner of the car who hit yours is liable for the damage, despite the fact they have denied liability. As their insurer, they have no legal duty to you and no responsiblity for your loss. However, the person whose car hit your van is liable for the loss and there is where you apply the pressure. Send them a certified letter demanding that they pay for the repair of the damage to your van with a copy to their insurance company. Tell them that in the absence of a settlement you will take legal action against their insured.

They are contractually liable to their policyholder for the liability and for that reason they will be more inclined to settle with you. If they drag their feet, file a claim in small claims court against that party.

Charlie