If my uninsured car got hit while parked and the other person admits fault and has insurance, is she still responcible for paying for damages?

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If my uninsured car got hit while parked and the other person admits fault and has insurance, is she still responcible for paying for damages?

My car was uninsured at the time and was parked, however the person who hit the car is insured. What steps do I take to get my damages paid for and what do I do since my car was uninsured at the time?

Asked on October 30, 2012 under Accident Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The way to get the claim for the repairs of your vehicle underway is to get an estimate for the repairs of your vehicle and tender the claim to the person who damaged his vehicle with a request that you be provided with his or her insurance information.

From there you negotiate with the claims adjuster for the other driver's insurance carrier with respect to the costs of repairing your vehicle based upon assorted estimates. Just because your vehicle was not insured at the time of the mishap will not affect your claim against the other party.

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

If another driver is at fault for the damages to your vehicle, it does not matter whether or not you had insurance on your vehicle.  The steps you need to take are first, establish a property damage claim with the at fault driver's insurance company.  They will assign an adjustor to your claim and they will likely either view the car and estimate how much it will cost to repair the vehicle, or have you take the car and obtain estimates for the repair.  The fact that your vehicle was not insured at the time is not relevant to the situation because you were not at fault for the damages.  


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