What happens when someone hits a uninsured parked car?

UPDATED: Nov 29, 2011

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What happens when someone hits a uninsured parked car?

My car was 1 of 10 cars that were damaged by the illegal car racing that took place on my street. My car is a loss. I have no insurance but the people racing did. What should I do?

Asked on November 29, 2011 under Accident Law, California


L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Thank you for submitting your liability question regarding liability of a motorist hitting an uninsured parked vehicle.  First you should know that laws governing motor vehicle accidents and liability will vary from state to state.  Also, even though a person has insurance, it does not mean that their insurance should be seen as a money pit, as quite often people carry minimum insurance for their vehicle.  The type of insurance that the at-fault driver has on their policy will affect how much you, or any other property owner, from this accident will be compensated. 

Even though your vehicle was not insured, you are still entitled to receive compensation for the damage that was caused to your vehicle.  An adjuster from the driver’s insurance company will usually come out to look at your vehicle and assess the damage to your vehicle from this accident.  Old or prior damage will not be paid for, but any damage from this accident should be covered. 

However, given the policy limits on a person’s insurance policy, you will only be compensated to the value of the policy, and in this case it sounds like the cap on their policy may be split by nine other property owners.  For example, if their policy covers up to $10,000.00, and each of the vehicles were damaged for $2,000.00, then the insurance company could decide to give you each $1,000.00.  If their insurance policy does not cover all of the damage to your vehicle, you could explore the possibility of suing them personally for the damage.


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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