What happens when someone hits a uninsured parked car?

My car was 1 of 10 cars that were damaged by the illegal car racing that took place on my street. My car is a loss. I have no insurance but the people racing did. What should I do?

Asked on November 29, 2011 under Accident Law, California

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Thank you for submitting your liability question regarding liability of a motorist hitting an uninsured parked vehicle.  First you should know that laws governing motor vehicle accidents and liability will vary from state to state.  Also, even though a person has insurance, it does not mean that their insurance should be seen as a money pit, as quite often people carry minimum insurance for their vehicle.  The type of insurance that the at-fault driver has on their policy will affect how much you, or any other property owner, from this accident will be compensated. 

Even though your vehicle was not insured, you are still entitled to receive compensation for the damage that was caused to your vehicle.  An adjuster from the driver’s insurance company will usually come out to look at your vehicle and assess the damage to your vehicle from this accident.  Old or prior damage will not be paid for, but any damage from this accident should be covered. 

However, given the policy limits on a person’s insurance policy, you will only be compensated to the value of the policy, and in this case it sounds like the cap on their policy may be split by nine other property owners.  For example, if their policy covers up to $10,000.00, and each of the vehicles were damaged for $2,000.00, then the insurance company could decide to give you each $1,000.00.  If their insurance policy does not cover all of the damage to your vehicle, you could explore the possibility of suing them personally for the damage.

 


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