Frustrated. HELP!!

I live in Pennslyvania.

My car was hit in September in the middle of the night. It was parked on the culdesac we live on. The car that hit mine is owned by one of my neighbors. The owner of the car states someone used his car without his permission, but he never filed a report that his car was taken and damaged AND he has no idea who might have taken his car, driven it, sideswipped my car, and then parked it in front of my car.

My insurance company won't pay the claim, because it is an older car (1985 Mustang), and they say since I wasn't in the car, it was collision not an accident and I don't have that coverage. His insurance won't pay the claim because he says he wasn't driving the car. I filed a olice report and his car is def the one that hit mine. Also there is only one witness to the accident, but the witness can't or won't give a physical description of the person who was driving the car. Which, by the way, I find hard to believe since the car also hit the complex mailboxs and we live in a small townhouse community, but there isn't much I can do about that.

Can I sue this man (owner of the car) even though he claims he wasn't driving??? Isn't he liable for negligance in not reporting his car stolen and damaged??? More importantly what are the chances of me winning the claim. I only want the car fixed. The estimate came to about $800. Which is why I have hesitated to get a lawyer. It could cost me more to fight it then to just pay for the damages myself. I don't want to waste more time and money on suing someone who won't pay anyway, but I also want my car fixed and think it is wrong for me to have to pay the cost out of pocket.

ANY advice would be wonderful!!

Go speak with a local attorney. You're going to have a hard time winning but it may be worth it.

Not to be a pain, but if it would be hard for me to win what would be the purpose of contacting a lawyer? Isn't it most likely that I would simply be out a Larger sum of money than I already am? Does this man have any legal liability?

Not until you take him to court. And without an attorney you're not going to even make a case of pepsi.

Besides, and I know you don't want to hear this, but that's what collision insurance is for. If you had had that your insurance company could have sued him for you.

I dont make excuses, but I do examine the reality of risk analysis. The reality in this situation is that the car in question was not being driven, ever. I own a brand new 2004 TSX which is fully covered. This is a car I was keeping to remodel once it reached the 20 year mark. The blue book value of the car is only$600, which is close to what I would pay for the insurance I would have needed to cover my car. Therefor I only had the state minimum on it. I could not have foreseen a sitaution where someone would sideswipe my parked car, park in front of me, and then claim they weren't driving. If I knew the driver the other insurance company would cover it. It is one of those __it happens cases and if I end up paying for it I realize that is simply the way the cookie crumbles in some cases. However, I still can not imagine this man is not going to be held liable for his negligence and being the owner of the property in question. I am currently considering the viability of taking him to small claims court since it would incur additonal cost to me if I lost. I am sending him a demand letter and will make my decision if he denies payment for the damages. I do appreciate your help and I do want to you to feel I am being ungrateful. I just don't understand why the law is set up in such a way.

Thanks anyway.
Linnaya

[RunningOnEmpty]

The man's vehicle was not stolen or he would have filed a stolen vehicle police report. The fact that he did not file a report for either the theft of or the recovery of his damaged vehicle tells me his story is a load of crap.

As he did not report the vehicle stolen and obviously somebody had access to the vehicle in order to use it, with or without his permission, I would argue that the vehicle owner is still responsible and that whoever used the vehicle had his implied permission. (access to the car keys, no report for theft of vehicle).

Maybe one of his kids, family members, friends took his car without his permission, but as the registered owner of the vehicle, he is still responsible. Unless he reported the vehilce stolen, which he did not.

Has his insurance company sent you a formal denial? Are you sure he even reported it?

If his insurance company won't pay, take him to small claims court. Small claims court is very inexpensive, so if you don't win you won't be out much. I think you would win.

Actually, yes, I did get a formal written denial a few days ago, which is when I decided to make the post. The man who owns the car did Not file a claim. I got the information from my insurance company and the police report and called his insurance agency myself to report it. At first they said it seemed that he was liable and I got them all the information they asked for and then it took them another two months of dragging their feet before they finally did give me an offical denial. In their defense apparently someone new was working on my case intially. Also the adjusting supervisor who I talked to basically agreed with you and said he believed the man's story was not true and that I should sue him. However, his problem with paying the claim was that unless I could prove the man was driving the car the insurer's loyalty lay with the client and the client was denying responsibilty because of the fact that he wasn't driving and that the car was used non-permissively.

I had decided yesterday actually to pursue the course you just recommended. I am sending the gentleman out a letter of demand and after 30 days I will proceed to file a small claims petetion. I believe after hearing the story that the judge will agree with me even thought the insurance company is denying the claim. But I suppose I will have to wait and see. Thanks alot for your advice. It gives me some hope that all is not lost. I feel at a loss to understand how this situation got so complicated.

If you do goto small claims court over the matter, be sure to take an estimate for the amount of damages that you are asking for. Also bring in the appraisal value of your vehicle for back up, Because the man that you are taking to small claims court could counter the damages you are asking with his own appraisal value of your car. If you have already repaired the vehicle, bring in a copy of the bill you have already recieved, and the copy of the check you used to pay for the bill. You are entitled up to 10% interest on your out of pocket expense. If you win the case, you will not be responsible for court costs, which in ohio, run about $45.

I have estimates and the blue book value. I also included those in my demand letter which in PA you have to show proof of sending before you can file a claim. Thanks a bunch!! I dont even mind if the guy counters as long as he Helps at the least. I do feel for the guy If he let someone else drive his car and is covering for them, but at the same time, Im not paying for all of this damage when I was in no way responsible (hopefully anyway). Thanks again



Naya