Insurer does not want to cover damages for hit and run
Question Details:
On 10/30/09 my car was hit in my company parking lot. This occurred while I worked at a local bar; the person was drinking. I called the police but had no plate information. Now my insurance company does not want to pay for the damages because my deductable is $700.00 and the total cost of damage was $1200.00. Is there anything that I can do?
Auto Accidents Law Answers
Yes, there is absolutely a few things you can do.
1. You can subpoena any video tape to see if the license plate of the driver can be located. Did you contact the police at all because a hit and run accident is a crime.
2. Your insurance has an absolute duty to cover you -- after all this accident was in no way your fault. So at the very least they need to pay the $500 (difference between your deductible and actual damage to your vehicle). If your insurance is not budging, you must contact your state's dept of insurance to file a complaint regarding insurance bad faith. Insurance bad faith is an absolute no-no in the regulatory world.
3. I believe your state has a dram shop act, which means based on very specific circumstances, the bar can be held liable for serving or continuing to serve a visibly intoxicated person, who then causes damage to others (accident).
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