Vehicle was hit while parked | Insurance co. argues owner of lot responsible

by Nichole
(Dallas, Georgia)

My Vehicle was hit while parked at a Boys & Girls Club. The other vehicles owner stayed and reported it and I had a police report done, but her insurance company is only wanting to pay for partial damages and will not pay for the whole thing.

They said they consider it partial negligence because of the way the parking lot is set up.

My car was not in back of her and she had ample room to back out. I am upset because they are telling me that they will not cover all the damages and also they will not pay fully for a rental when my car is in the shop.


Answer:

Hello Nichole,

Well, insurance companies can argue that. The problem is that if this is a parking lot owned by a private party, there is not really laws on how they are supposed to be built.

Even then, the argument is weak.

You have two venues. You can get your insurance company involved or you can go to small claims court and have a judge determine who's fault it is. The judge is neutral and will probably not find that there is negligence against you.

Also, you are a "non negligent part here." This may give the insurance company rights against the parking lot owner, but they have to seek indemnification against them. If the negligence of the parking lot builder/owner was indeed part of the reason why the collision happened, then the insurance company might be jointly and severally liable for this (they might have to pay 100% and go after the other responsible party for contribution).

I hope this helps.


Good Luck,
Auto Insurance Claim Advice
Spokane Washington