Driver of van backed up to my parked vehicle in parking lot

by Zack
(Aurora)

Under 21 years old driver who was driving her parents mini VAN. She was trying to get out of her parking space when she hit my car at rear bumper. My car was parked in a parking space. The driver of the mini Van was at fault and she admits it.

I filed a insurance claim with mini VAN driver's insurance (Travelers Insurance) to get car fixed. I have given my statement to the adjuster but he is unable to get a hold of the mini Van driver to get their statement. He has made several attempts via phone, and also send them letter via mail But mini Van driver is not responding.

Travel insurance Adjuster is saying that if they can not get a hold of their driver (The mini VAN). They are going to deny my claim.

Now my questions to you are

1 - Can they deny my claim just because they can not get hold of the other driver?

2 - Do I have right to sue Travelers insurance to get my claim paid?

3 - Or Shoud I sued the under 21 year of age driver who has no job?

4 - Or Sould I sue the mini VAN owner (That is her parents)? Who are employed.


Thanks


Answer:


Hello Zack,

1- Yes they can. This is a parking lot accident and unless they have confirmation of facts, they cannot make a finding against their own insured without further evidence (like a police report).

2- Not against Travelers - they did not hit your car.

3 and 4 - The age of majority in the United States is 18 (to be consider a legal adult). Your claim is against that person. You could try to drag in the vehicle owner, but they may or may not have any negligence (have to pay you).

Whether or not you should file a lawsuit needs to be discuss with an attorney.



Good Luck,
Auto Insurance Claim Advice
Spokane Washington