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Roger, Attorney
Category: Legal
Satisfied Customers: 31733
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My neighbor crashed their truck into my parked vehicle

Customer Question

Hello, my neighbor crashed their truck into my parked vehicle causing over $2000 worth of damages to my vehicle which their insurance decline to pay. I have the police report of the neighbor's statement admitting 100% fault. My vehicle was undrivable which I ended up paying out of pocket 2 times for a rental to get to work. I had full coverage on my vehicle so after having my vehicle in the garage for over 5 weeks due to their insurance denying payment i had to open a claim with my insurance which they paid for the repair minus the 500 dollars deductible I had to pay cash out of pocket to get my vehicle. I gave the neighbor The receipts of both car rentals and of the deductible payment asking them to please pay me back and they stated that they will not pay me.. What can I do regarding this situation.. What are my rights..
Submitted: 2 years ago.
Category: Legal
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
There are a few options. First, you can file a claim with your insurance company and have them cover it......and then it can file a subrogation claim against the insurance company of of your neighbor and try to get it to reimburse your insurance company for the money paid to you.
The other alternative would be to sue the neighbor and invoke his insurance policy and argue coverage with their lawyer.
Either way, you should be covered.....but you may want to talk to your insurance company to see if you can get the claim covered through your insurance without your premium ballooning.
Customer: replied 2 years ago.
All that you adviced have been done my insurance submitted another claim to recover what they paid for the damages plus what I paid out of pocket but it was denied by their insurance once again.. My insurance stated that I won't be affected because the other driver admitted full fault of crashing my vehicle while parked in front of my home.
Expert:  Roger replied 2 years ago.
If your insurance company has covered the claim and will seek subrogation from the neighbor's insurance, then you should have nothing to worry about. Instead, you can just let your insurance company deal with the neighbor's insurance company.
IF you don't have any damages or loss other than the vehicle damage, then that is probably the best course. IF there were other nominal damages, filing a lawsuit may be the better route.....but that doesn't sound like the best here.
Customer: replied 2 years ago.
They seeked subrogation but I just got a letter stated that it was denied :will they continue trying?
Expert:  Roger replied 2 years ago.
If they deny the subrogation claim, your insurance company will have to sue in order to try to recover. But, the good thing is that you're covered regardless.