Expert: Richard Hixenbaugh - 2/16/2010

Question
Greetings,

I arrived at work in the middle of a snow storm.  About 2 hours after arriving at work, the landscaping service had their plow trucks (4 in total) on site for snow removal.  They were the only vehicles in the parking lot all night long.  

I was getting ready to leave work and realized someone had hit the back of my car.  I immediately flagged down a plow truck driver who flat out denied hitting the car.  I ask to speak with his "boss" and he too states he didn't hit the car, and that no one in his crew admits to hitting the car (naturally).  

I call the local police to file a report.  The responding officer sees evidence that the car was hit "by something" and that the car had even shifted in its parking spot (the snow by the rear tire clearly showed this).  After much debate, the fact that no witnesses were present and the security cameras did not see the accident, the officer stated that the report will show there is no fault and that the accident will be listed as a hit and run.

I have since notified my insurance company, but I'm concerned about the deductible.  Is there any way to get my insurance company to fight the landscaping company to pay for the deductible and damages, or am I looking at going to small claims court?

Answer
Hi Erik,

Unfortunately, without some compelling evidence that the landscaping truck hit your car, there is no way to get them to pay. You must be able to prove that they hit your car. Since none of their drivers are willing to admit to hitting our car, it's just your word agains theirs and since you did not actually see them hit your car and there are no witnessess, it could have been anybody.

I hope this helps
Richard Hixenbaugh