If a teenager rammed into the back of my car while it was parked in my driveway and totaled it, what items can I be reimbursed for?

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If a teenager rammed into the back of my car while it was parked in my driveway and totaled it, what items can I be reimbursed for?

The teen’s parents insurance has accepted full liability for the car. But I also had a backpack in the trunk, which is where my car was hit, that had my cell phone and laptop in it. They were both crushed and no longer work. Is that something that the insurance company had to pay for as well or does that go under my homeowners insurance? It seems like it would be for their insurance to handle since the damage was done by the teen and the property was in my car at the time. I know homeowners usually covers theft and the like, I’m just not sure who covers this in a situation like this.

Asked on June 29, 2015 under Accident Law, Tennessee

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Since your cell phone and laptop were in the car when the accident occurred, you should seek compensation for those items from the at-fault party's auto insurance company.

If you dispute the amount of the property damage settlement from the at-fault party's insurance carrier regarding your car being totaled and the loss of the cell phone and laptop, you can reject the settlement offer and file a lawsuit for negligence against the teen and his/her parents for negligence.  


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