What Should I Do If Someone Hits Your Parked Car and Denies Paying for Damages?
Every driver hopes to avoid any form of accident, but unfortunately, incidents like someone hitting your parked car can and do happen. When you discover that the other party denies paying for the damages, handling the situation effectively is crucial. This guide will help you navigate such a scenario, ensuring you take the right steps to protect your interests and fix your vehicle.
Understanding Your Obligations and Insurance Coverage
First and foremost, it’s essential to understand whether you have adequate insurance coverage to handle such an incident. Most auto insurance policies, including those in the US, cover damages caused by hit-and-run drivers or those without insurance. It’s crucial to check your policy details, as they can provide valuable guidance on what to do next.
Reporting the Incident to the Police
Calling the police to report the incident is a critical step you should take. Refusing to report the incident could make it more challenging to recover your losses. Here are the reasons why:
Legal Immobility: The other driver is driving unlawfully, which means they have no right to be on the road or behind the wheel. Ignoring the issue may make you a victim again.
Evidence Collection: The report will include the other party's personal details and the incident, which can be used to pursue legal action.
Insurance Subrogation: Your insurance company might pursue the at-fault party to recover their expenses, including your deductible, making your claim stronger.
Reporting the Driver for Unlicensed Driving
If you can prove that the other driver was driving without a license, it’s advisable to report them. This action can help prevent future incidents and hold the driver accountable. This includes:
Contacting law enforcement to report the unlicensed driving.
Cooperating with the police to ensure they follow up and issue citations to the at-fault party.
Handling the Claim Process
When dealing with an uninsured driver who refuses to pay for the damages, you have a few options:
Directly Sue the At-Fault Party: If you know the individual, you can try to pursue a legal claim against them.
File a Claim with Your Insurance: You can also file a claim under your uninsured or underinsured motorists coverage. This policy is designed to cover damages when the at-fault party lacks adequate insurance.
Small Claims Court: In cases with a clear case, you can take the matter to Small Claims Court. Prepare your evidence, including police reports, photos, and repair estimates, to strengthen your case.
Insurance Coverage Considerations
Your choice of insurance coverage can greatly impact how you handle the situation:
Collision or Uninsured Motorist Property (UMPD) Coverage: If you have these coverages, you can repair your car under your own policy, which provides a better avenue for future damage claims.
No Coverage: If you have no Collision or UMPD coverage, you will need to bear the costs yourself. Filing a lawsuit in Small Claims Court is the best course of action.
Conclusion
Dealing with an incident where someone hits your parked car can be frustrating, but taking the right steps ensures you protect your interests and recover your losses. From reporting the incident to the police to filing a claim with your insurance or pursuing legal action, you have several options to ensure you are fairly compensated for the damages.
Remember, staying informed about your insurance policy and keeping documentation such as police reports and repair estimates can make all the difference in your claim process.