My car was parked and struck by another vehicle that rolled down a bank into it after a tow truck failed to get the other car off the bank.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jan 25, 2012

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Insurance Question from Bloomington, IN

Asked on 01/25/2012

My car was parked and struck by another vehicle that rolled down a bank into it after a tow truck failed to get the other car off the bank. My car was in it's designated parking space at my apt complex. There is a wooded bank surrounding the left and front of my parking space. After a winter storm another car got stuck on the bank above my car. The owners called AAA to remove their car from the bank where the tow truck driver was unable to resulting in their car rolling down the bank and striking my left front fender. The tow truck driver took off right after. The car owners insurance co and AAA are arguing who's at fault while my car goes unrepaired. I have only liability insurance. What are my rights? What should I do?

Answer given on January 25, 2012

It is obvious that you are not responsible for the damages to your car. Since the other person’s car rolled into your car, their insurance company should pay for the damages to your car. They can then try to subrogate the amount they pay from AAA. However, it may be that the insurance company is unwilling to do this.You should contact the insurance company and see if they have determined the percentage of responsibility they feel they have for the damages to your car. You should then contact AAA and see if they determined a similar percentage. Hopefully that will equal 100% of the damages to your car. If they are not in agreement in the settlement amounts,you should contact the police to see if there was a police report made. If the AAA driver left the scene, they could be held responsible for a hit and run accident. This could force AAA to speed up the settlement and to be more cooperative with the insurance company.

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