Hit while parked

What is the name of your state? New York

My car was recently hit while legally parked on the street outside my apartment in NYC. The driver that hit my car claims that he was hit by a taxi and that caused him to hit my car. However, the taxi fled. The insurance carrier for the driver who hit my car agreed to pay 100% and I have a recorded statement on my voicemail of him saying this. He explained that the adjuster inspected his driver's car and found no evidence that he was struck by a taxi. He proceeded to send me to the autobody shop and give me a rental car. A day after I receive another phone call (after they promised to pay 100%) saying that I should pick up my unfixed car from the autobody and return the rental car b/c their driver's car was reexamined and they found evidence that the car was struck by the taxi.

This sounds like garbage to me for so many reasons. First, how do you rescind on a verbal agreement to pay 100%, tell me to drop my car off and then a day later take back the offer? Secondly, even if their driver was hit by another car, I still have no liability. Isn't it up to them to issue a subrogation claim against the taxi driver (well, they obvioulsy want to avoid that b/c the taxi driver fled)? The only car that hit mine was their driver's not the taxi! Third, why should I have to pay for their adjuster's oversite/neglicence? How do I know the driver didn't put the damage on the car himself after the adjuster examined it the first time?

Have you ever heard of such a thing? What can I do? Thanks for your help.What is the name of your state?

Call your insurance company, explain the situation, and have them help you. If you have collision, then use that coverage to get your vehicle repaired. Your insurance company should be able to either 1. get it straighted out 2. get your vehicle repaired, and help you subrogate for your damages, including your deductible.

ParkedCar1977 said:

Have you ever heard of such a thing? What can I do?

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Daily. Not surprising. Adjusters get promoted based on the number of claims they deny

Time to dig your heels in. Sometimes, just being a "squeaky wheel" will get them to pony up. Other times, it's not so easy (depends on the amount of the claim. Remember, the less the claim is, the dumber the adjuster).

If you're mindful that the adjuster's goal is to get out of this with as little money spent as possible, one tactic to employ is to threaten to ramp up their costs dramatically. (Usually, this involves suing them as they do not want to pay for a lawyer to go to court to litigate a tiny claim.) But anything else you can think of to increase their costs ought to work as well.

Good luck, and stop parking in the way of all those bad drivers.