You are here:

Auto Insurance Claims/My Parked Car Damaged By Van Backing Up.

Advertisement

Expert: - 7/7/2011


Question
Hi.  

In February of this year at 9pm at night my vehicle was parked on a city street in NYC.  I was about a block away and saw a U-Haul van backing down the street.  The driver of the van backed into my car and damaged the hood and grille. The car is a 2011 BMW 335d and as only 4 months old at the time.

When the driver got out of the van he was deaf or nearly deaf and did not understand english.  I called the police and and when they arrived they had a very hard time getting any information form the driver.  I eventually the driver handed me a rental agreement for the U-Haul so I have his name and address.  The police officers instructed me to file a MV-104 Report Of Motor Vehicle Accident at the local precinct the next day.  

I contacted RepWest the insurance devision for U-Haul.  I got an estimate for the damage for $850 and submitted it to them. After 3 months of working with RepWest my claim was denied due to lack of evidence and the driver of the U-Haul could never be located.  My wife was the only witness and RepWest said she cold not provide a statement.

I want to file in small claims court for the damage to my car.  Should I file against the insurance company or the person driving?  Most likely that driver moved away so how could I even file against him?

Thanks.

Answer
Hi,

With the caveat I am not a lawyer and cannot give legal advice, if it were me based on my 20 years experience with the court system as well as insurance companies, you go for the deep pockets. UHaul rented the truck to this guy so they are technically responsible. Its not your problem if they can't find the guy. It was their truck!

if this were me, I would file against UHaul. How is it they cannot locate the guy a reason for denial? You have the police to back you up. The way it should work is they pay you and then their insurance company subrogates against the guy.
You can contact a local attorney and find out what he/she thinks, but it sounds pretty cut and dry and you hve documentation on your side! Good job!

Let me know how it turns out.

http://www.autotheftexpert.com

Auto Insurance Claims

All Answers

Answers by Expert:

Ask Experts

Volunteer

Rob Painter, Ase, CFEI, CAFATE

Expertise

Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

©2012 About.com, a part of The New York Times Company. All rights reserved.