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: Jun 28, 2010

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Insurance Question from Mehlville, MO

Asked on 06/28/2010

car was hit when parked and he has no insurance. My car was hit at 40 mph whaen parked on the street. Now I am informed that the person that hit it has no insurance. It was also kids car was marked as a company car with a name and phone number of the company and they said that they are not responsible. what can I do?

Answer given on June 30, 2010

In most states, insurance follows the car, not the driver.  This would mean that the car that was being driven is the responsible vehicle for the damage.  Unless the driver was excluded from the policy, or there was a clause in the policy only covering listed drivers, then the insurance company for the car that struck you should cover the damages to your car.  If you carry collision insurance on your car you should call your insurance agent and ask your company to make repairs. They will then go after the other vehicle owner for damages.

If you do not have collision insurance, you need to pursue the damages with the other car.  If they are denying responsibility ask them to explain why.  If possible, speak with their insurance company or agent, do not talk to the company who owns the car.  If they refuse to give you their insurance information see if the local authorities can help you.  I presume a police report was filed & the police may have the information on the insurance for the other vehicle.


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