Can I ask the insurance company of the car that hit mine to pay for damages?

Question

I got into a car accident: somebody hit my neighbor’s parked van and run, the van hit my parked car. Can I ask the Van’s insurance company pay my car’s damage? My insurance is liability and my company cannot pay for repairing the damage.

Travis Prestwich · Answer

Normally the insurance company for the car that hit the van would be responsible.  If you cannot locate that company, you can try to get the van's insurer to pay.  However, since the van owner was not at fault, it is unlikely it would be willing to pay.

Howard Collins · Answer

If it was the car that was parked is the one that was rammed into your car then no.  It wasn't the cars fault or the owners fault.  Sorry.

Theodore W. Robinson · Answer

Yes, you can demand that the Van pay your damages since it caused them. Good luck.

David Stoddard · Answer

I do not believe your neighbor's insurance will pay because it is not the neighbor's fault the way you described the accident.  The car that "run" is at fault.  However, you should have uninsured motorist coverage as this is mandatory is South Carolina. Your uninsured motorist coverage will pay for any personal injury damages caused by a hit and run driver.  I believe it also covers property damage as well (I deal with personal injury rather than property damage).

Steven Shaw · Answer

Under most circumstances, no.  The van was not at fault for the damage it caused.  This is one of the reasons that UIM insurance coverage is so important to have.  It's not expensive, given the number of uninsured out on the road today, very necessary.

Daniel Hoarfrost · Answer

It doesn't appear that the parked van had any liability, so it's pretty difficult to make a claim against that ins. co.The claim is against the car that caused the damage.

Earl Straight · Answer

The quick answer is no.  The owner of the van has no liability, the fault lies solely with the hit and run driver.  Without comprehensive/collision coverage or uninsured motorist coverage, your own insurance company cannot help you.

Paul Whitfield · Answer

Unless your neighbor was negligent in some way he owes you nothing. You have a hit and run sounds like. Check your policy and your agent and make sure whether you have uninsured coverage or any other coverage that will help.

James Kelaher · Answer

The only time the van's insurance would pay is if the owner or driver was negligent. Your only recourse is if you had collision insurance on your own car, and then that would be subject to your deductible.

Sam Louis Levine · Answer

Yes you can.  You should speak with an attorney who handles insurance claims matters to get advice & for additional information.  Good luck.

Paul Bovarnick · Answer

Your claim is probably against the owner of the car that hit the van in the first place. It sounds like the only wrongdoer is the first drover, not the owner of the van.

Timothy Klisz · Answer

I think I understand what you are saying, but the van did nothing wrong, so their insurance would not cover your loss. The original driver would. That is where the claim should be made.

Russell West · Answer

You will need to locate the driver that hit the van.  The van owner was not the cause of the damage to your vehicle so they will have no liability.

Richard Lowell · Answer

You can ask; but they probably will politely decline.  Hopefully, you contacted the police and reported the hit-and-run incident. If you didn't, you should.  And then - if you don't have collision coverage on your policy, maybe you have Uninsured Motorist Coverage.  If you do, your own insurance company may handle the damage to your car.

Russell Gray · Answer

It's probably a good idea to have comprehensive coverage, it's meant for exactly this kind of situation.  Your neighbor probably has a claim on his own insurance policy (if the identity of the driver who caused the accident is unknown).  You can submit a claim to them, and see what happens, but don't be surprised if they don't pay it.  You would need to prove that your neighbor was somehow at fault in order for his coverage to pay for your damages.

Mark Leonardo · Answer

There is no harm in asking, but the likelihood of them agreeing to pay is slim.

Josh Lamborn · Answer

Each policy is different and it depends on the actual policy. However, it is unlikely that the van policy is going to cover your car as the van owner was not at fault.  You would need to have uninsured motorist coverage on your policy to cover the damages to your car or find the person who hit the van and have his insurance cover your loss.

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Can I ask the insurance company of the car that hit mine to pay for damages?

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