Another driver slammed into the back my car while parked in a parking space in a shopping center

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2012

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Insurance Question from Madison, AL

Asked on 07/16/2012

Another driver slammed into the back my car while parked in a parking space in a shopping center The police would not respond to the scene, because it is considered private property the other party is now stating that they did not do all of the damage and I need my car fixed. I have liability only and my insurance will not fix it. Will I be able to take my car to a body shop and have it repaired?

Answer given on July 19, 2012

If your car was parked and the other driver caused damage to your car, you have the right to get your car repaired. You need to talk to the other driver’s insurance company rather than to the driver. Make sure he has reported the incident to his insurance company and you will then contact them for the repairs. Do not try to settle this with the other driver.The other driver’s insurance company will investigate the incident. If they find there was previous damage to your car, they will only pay for the repairs that were caused by their driver. They will check your car to see if there is evidence of rust or other proof of previous damage. You should be honest with the insurance company because lying is only going to make settlement more difficult. Do not repair your car until you have settled with the other insurance company.

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