What to do if a car hit our home and caused $5000-$10,000 in damage?

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What to do if a car hit our home and caused $5000-$10,000 in damage?

The liability insurance provider suggests that the driver did not cause the accident but a 3rd party threating the driver did. Isn’t the auto insurance still responsible to pay our home’s repair costs?

Asked on September 7, 2013 under Accident Law, Nebraska

Answers:

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

Answered 8 years ago | Contributor

If the damage to your home was caused by the car that hit your home and a third party, both of them are liable for all of the damage unless the amount of damage caused by each party can be determined.  The registered owner of the car that hit your home and the third party have the burden of proof of establishing the percentage of damage caused by each of them.  If that cannot be determined, then both are liable for all of the damage.

If the insurance carrier for the car that hit your home is denying the claim, file a lawsuit for negligence against the registered owner of that car and the driver of that car if the registered owner and driver are not the same person.  File one lawsuit naming both the registered owner and the driver as defendants.  If the third party can be identified, also name the third party as a defendant in your lawsuit.  Your damages (the amount of compensation you are seeking in your lawsuit) would be the cost of repairs to your house.


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