Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.
I'm sorry that happened to you. If the police were called out and if he was given a ticket, then the liability should be squarely on him. Hopefully that is the case.
It can be a little harder if the police were not called out, because usually those incident reports are used to help determine liability.
If worse comes to worse and the insurance company denies you (hope that doesn't happen), then you do have the right to sue the owner of the car along with his insurance company that denied you. Sometimes, after you sue the owner of the car, the car insurance company will pay, because now they are paying their lawyers, who will cost them more than your claim. Plus, the car owner will be ticked off that they have been served with a lawsuit. Does that make sense?
That seems odd. Many accidents happen on private property - yet tickets are still given. For example, a restaurant parking lot is private property, but tickets are given for fender benders in parking lots all the time. Well, just because a ticket was not issued does not mean the report doesn't say the other driver was at fault.