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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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