What to do if my car was parked and another driver drove his truck into it to avoid another vehicle but my car was totaled and neither insurer will man-up and accept blame?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my car was parked and another driver drove his truck into it to avoid another vehicle but my car was totaled and neither insurer will man-up and accept blame?

I’m without a car for a month and still nothing has been settled both insurance company’s are saying their driver is not to blame so neither will pay for my car which is sitting in storage now drawing more and more fees to add to everything else. I don’t know what to do at this point or where to turn.

Asked on January 2, 2015 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You sue both drivers. Since your car was parked (i.e. not moving), clearly you were not at fault; and since it is at best negligent (careless) to drive into a parked car, one of the other drivers *must* have been at fault. You don't particularly care which one is--you just want someone to pay. So you sue them both and let them fight it out over who contributes how much. (You sue the at-fault drivers, and their insurers come in to defend them; you do not sue the insurers directly.) You can sue for the cost to repair your car, or, if it can't be repaired, it's then-fair-market value; and for other out-of-pocket costs, too, like towing, storage, etc.


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