If my car was hit while parked, how to proceed with my insurer?

UPDATED: Oct 1, 2022

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If my car was hit while parked, how to proceed with my insurer?

Last night someone believed to be high on meth hit the parked behind me and drove their car into mine which, in turn hit the car in front of me. My insurance is covering it, however said that I have to pay the deductible until they retrieve the money from the person who caused the accident. That person was uninsured and I doubt will be able to afford it. They also mentioned that I may be liable for damages to the car in front of me but not to worry because they will cover that as a non at fault accident. This made me wonder, does this mean the person behind me is liable for my damages or is it completely on the person who hit their car? Mostly, I want to know if I can claim that my insurance should take the deductible from the insurance of the guy behind me in the same way they said they have to pay for the car in front of me?

Asked on November 1, 2017 under Accident Law, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Only the at-fault driver (the person high on meth, who hit the car behind you) is liable or resonsible for the damage. The owner of the car parked behind you is not responsible for the damage, since he did nothing wrong. The only person you can try to recover your deductible fro is the driver who caused the accident, or the owner of his car, if that was a different person (a car's owner is liable for the damage done by those whom he/she allows to drive his/her car).

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 AttorneyPages.com 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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