What to do if my car was hit by another car that rolled down a hill?

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What to do if my car was hit by another car that rolled down a hill?

The police report states that the car was without a driver. The insurance investigation indicated that there was an unauthorized driver and will not cover the accident. A total of five cars were involved in this accident. Is there any recourse that I can take to get the insurance company to cover the accident?

Asked on December 31, 2012 under Accident Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue the owner of the car and try to prove that either 1) the driver was in fact authorized or 2) that the owner contributed to the car being used by an unauthorized driver by being unreasonably careless (like leaving keys in ignition). You do not take action directly against another person's insurance company--you sue the insurered person, and the insurer then steps in to defend or pay, as applicable. You will need to show fault, in one way or another, on the part of the car's owner to recover money; if someone truly did take his car without his permission or fault, he is not liable or responsible for that. (You could sue the unauthorized driver, if you ever find him or her.)


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