Parked Car Damaged.

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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: Nov 26, 2012

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Insurance Question from Taylorsville, IN

Asked on 11/26/2012

Parked Car Damaged. My legally parked car was sideswiped and damaged after a motorist "passed out" due to a medical episode. I am told the claim should be made to my insured company since the driver had a medical episode. The vehicle also hit a buidling after striking my vehicle.

Answer given on November 27, 2012

If your parked car is struck by another driver, their insurance is responsible to repair your car. The fact that there was a medical episode does not make them less liable for the damages. You should contact the other person’s insurance company and try to work our a settlement with them. Since the other driver also struck a building, there could be an issue of whether they have enough insurance to pay for your repairs and the repairs to the building. Their property damage insurance limit will be the deciding coverage for the damages.If you have trouble with the other insurance company, you can file a claim under your insurance company. They will pay for your damages, less your deductible. They will then try to subrogate against the other insurance company. If they are successful, you will get your deductible back. Also, if the other insurance limits are used up, and you have underinsured coverage for collision damage, you could get reimburse through that insurance coveragae.

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