If my car was hit while parked, can I sue the other driver’s insurer?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my car was hit while parked, can I sue the other driver’s insurer?

my car was hit while parked in a parking lot. I got a police report and the officer gave the other driver a summons. myself and the person who hit my car both have statefarm. His insurance accepted liability for the accident. problem is the repairs are going to cost more than the car is worth on blue book value. and the insurance company wants to total it. The offer they’re making wont enable me to purchase another reliable vehicle. can I sue them to get enough money to purchase another decent car?

Asked on July 23, 2018 under Accident Law, Florida


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

Answered 4 years ago | Contributor

Your recourse when you are dissatisfied with the insurance carrier's settlement offer is to reject the settlement offer and file a lawsuit against the at-fault party for negligence. It is unlikely that you will recover enough to buy a new car.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption