by Guest » Thu Sep 08, 2011 03:07 am
My fiance drove my 02 Chevy trailblazer to the store the other night. While parked in the parking lot a guy in a F-150 pulled out of the parking space beside him and dent the front fender, busted the light, and scraped the paint off my vehicle. Police were contacted but stated it was private property. We had to report to our Insurance companies on our own. I tried to file under his insurance but his insurance states he said he is not at fault. We were just parked to close. He has no damages but I do. What can be done, and will it affect my insurance premium?
Posted: Thu Sep 08, 2011 06:16 am Post Subject:
If it's the other driver's fault, you can claim on his policy. if the police was involved, wasn't it clear that the other driver was at fault in damaging your car while parked?
If you are in a no fault state, you will be reimbursed by your own insurer. I don't think the premium should go up.
Posted: Thu Sep 08, 2011 08:48 am Post Subject:
I think that the premium will increase as there has been a claim on the policy.
Posted: Thu Sep 08, 2011 12:32 pm Post Subject:
I can't understand how they say it's not his fault ? If your car was parked and his was moving...it's his fault...plain and simple. If you have to take it to a magistrate you'd be wise to consider it. This is so simple it makes me think there's something missing.
Posted: Fri Sep 09, 2011 09:08 am Post Subject:
Get a proper police statement.
Is it mentioned that the other driver was at fault, since your car wasn’t even moving?
If the other driver’s insurance refuses to pay, let your insurer handle it.
Your insurer will try to protect your interest as the other insurer is protecting its own. Thus, your insurer might subrogate the other party insurer.
This should not increase your premiums.
Posted: Sun Sep 11, 2011 12:44 am Post Subject:
There is no excuse for hitting a parked car. Your car being parked too close should not be reason to decline the claim. I would try to place the claim again, and ask to speak to a supervisor, if they continue to resist. If they still deny it, contact your state's department of insurance to see if your claim is being denied for a valid reason.
If you have collision, and the cost of the damage is more than your deductible, you can place the claim with your own insurance, but you will be out the expense of your deductible. Your rates should not increase for a claim resulting from being hit while parked.
If you collect through your own insurance company, your company will go after any at fault part to get reimbursed, and you may get your deductible, or a percentage of it, paid back to you -- but this can take some time.
It's always best to get the other party's insurance to pay. Having witnesses to the accident can help a lot in this situation.
Posted: Sun Sep 11, 2011 04:56 am Post Subject:
I tried to file under his insurance but his insurance states he said he is not at fault.
As Robert has said, call the insurance company's claims department and talk with them again. If your vehicle was parked, and not in contact with the other vehicle, there is no way you are at fault. It is a physical impossibility, even if your vehicle was not fully in a marked space.
When you talk to the claims person, be sure to make accurate notes of what is said. If the claims person gives you a hard time, be sure to get his name and then demand to be transferred to his supervisor. Start the whole discussion over again. If the Supervisor gives you a hard time, then use the magic words: UNFAIR CLAIMS PRACTICES and DEPT OF INSURANCE COMPLAINT.
That should result in a change in attitude. If not, file the complaint with your state's Dept of Insurance! They will send an inquiry to the insurance company, which will have a limited amount of time to respond to the inquiry. They will have to come up with a better reason than your vehicle was parked too close. Or they will contact you about settling the claim.
In the meantime, get an estimate for the repairs so you have an idea of what the settlement amount should be.
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