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: Jan 19, 2016

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Insurance Question from Las Vegas, NV

Asked on 01/19/2016

Which insurance pays…. car or home??? I am a home owner and a woman hit my wall on the back of my house. She claims her car was struck by another car resulting in her hitting my wall. However the other car fled the scene of the accident. Her insurance isn't paying for the damage done to my wall and now my home owners ins is having to pay and we have to pay the deductible first....

Answer given on January 20, 2016

If someone strikes your home with their car, their auto insurance should pay for the damages. Many insurance companies will deny coverage in the beginning but if you persist, they will often reverse themselves and pay for the damages.However, you can go through your homeowner insurance, which it sounds like you have done, and they will pay for the repairs, less your deductible. After paying for the damages, your insurance company will probably attempt to subrogate, or recover the amount they paid, from the other insurance company. If they are successful, you will get your deductible refunded.If your insurance company does not attempt to recover the money, you can take the other party to small claims court and attempt to recover your deductible. If they do not show up, you will win by default. If they do come, then the courts will have to determine the proper settlement. It seems you have no reason to be forced to pay for damages that you had no control over.


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