How does the division of property damage claims work?

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How does the division of property damage claims work?

Last month my vehicle was struck while parked at an apartment complex by a car that slipped out of park. It also struck the apartment building. The owner has $25,000 worth of coverage and her insurance company is saying that all of that is going to the apartment complex so I will not be paid anything for the damage to my vehicle. Is that legal?

Asked on January 6, 2012 under Insurance Law, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The insurancee company is wrong and in fact, if you want to push the issue, it would mostly go to you since I assume your car was hit before the car hit the building. This is where you would need your insurance company to work with the other vehicle owner's insurance company or where you would now sue a few people and file a claim with the department of insurance in your state. This other person's insurance company knows it will have to pay out a lot so the best bet is to hire counsel or see if your motor vehicle insurance company is going to hire counsel and sue the following people: the other driver, the car owner, the car owner and driver's insurance companies (if different), the apartment complex owner and the apartment's insurance company. I say this because if the car slipped out of park and the apartment complex had no method of insuring safety in the parking area (i.e., no steep hills especially in states where it snows and the like, proper drainage, etc), then the apartment owner may actually be liable to you.


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