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?

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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 6 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.


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