Can insurance not pay if the car was parked illegally? Should I hire an attorney?

UPDATED: Oct 1, 2022

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Can insurance not pay if the car was parked illegally? Should I hire an attorney?

My car was parked beside the curb right next to the house where I work at. I was there to quickly drop off something. I found out a lady who was under the influence hit my parked car and drove off. Thankfully the neighbor witnessed it

and drove after her. As soon as I was about to leave the house a police officer came and told me what happened. Police said the women was under the influence of drugs, claimed to have heart problems and was rushed to the hospital. He stated she was at fault. Then he took pictures on my car and told me I was parked illegally. The front of my car was facing the opposite direction on the side of the rode and I was near a stop sign honestly, the stop sign was not

facing in the direction my car was parked, it was placed on a whole other rode and I would estimate it being 15-20 feet away from my car. He said he would have to write it in the report. However, he did not give me a ticket. Can the women’s insurance company not fully pay or pay at all due

to my car being parked illegally?

Asked on August 2, 2018 under Insurance Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Her insurer can refuse to voluntarily pay you for any reason it deems a good one; remember, her insurer is HER insurer, and their obligation is to pay for judgments against her (amounts she is ordered  by a court, after a lawsuit, to pay) and pay for her legal defense (lawyer); they have no obligation to other drivers or car owners. They often choose to offer settlements voluntarily (without there being a court judgment against their insured) if they deem it is their insured's and their interest to do so (i.e. cost effective), but they are *never* required to pay to another person unless that person sues their driver and wins. So you can can should submit a claim to them; if they refuse to pay for this or any reason, your next step is to sue their driver (you sue the driver, not the insurer) for the money.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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