My parked car was hit

[Dodenhoff1]

South Carolina
This morning 5 am I was awoken by a police officer banging on my door, I opened it to find that my Toyota Landcruiser had ben hit while parked in my yard. The car was off the road with only a tire on the cement curb. The posted speed limit is 25mph yet the car that struck me had to be towed away because the impact was strong enough to move my 6000lb truck over 5 feet and his entire front passenger side was demolished. he stated that it was foggy and he couldnt see, and it was raining.

My car is LARGE and Red and under a street light, I park there every day, and he lives in this community and was on the way to work he would know that the car was always there. The officer noted that I was legally parked and I was at no fault, but he also wrote that the guy that wrecklessly destroyed my car was also not at fault. no tickets were issued although I suggested wreckless driving and too fast for condition, he himself stated his window was foggy and that he couldnt see.

I cant afford to have my car fixed, I have a 6 week old baby and my girlfriend was left stranded on the road with the baby after attempting to drive the vehicle later that day. What are my options I took photos of the grass which clearly show where I was parked and how far my car slid after being struck.

 

[ecmst12]

You file a claim with the other guy's insurance. Ticket or no ticket, there is no question of who is at fault when a MOVING car hits a PARKED car.

If you have collision coverage, you can claim under that as well and let them go after the other guy, to get their money and your deductible back. If you are in a hurry to get it fixed, this is usually the quicker way to go about it.

 

[ecmst12]

If OP has rental coverage on his policy, he can use that. That's a very cheap coverage that everyone should have. There is NO way to rush the other party's insurance investigation. And there is no way to know how long it will take. He must wait for them to make a liability determination as unless they accept liability (or until), they aren't making any payments to anyone.

 

[Dodenhoff1]

This has put me in a terrible situation, I was forced to put my other car up for sale last week, a 2005 Chrysler 300c which I only owe $4000, I inteneded to sell the car this weekend for $12,000. The $8000 was going to buy my girlfriend a small car and to help with bills and daycare until I could get everything on track.

Im a real estate agent so needless to say this last year has been very rough. Now I dont know what to do, I cant afford to fix the Landcruiser, somehow the impact screwed up the electrical system so its not just cosmetic as I once assumed. I need the money that I was going to recieve for selling the Chrysler, but now I cant sell it because I cant have no form of transportation with a 6 week old at home.

And this guy that hit me has PGAC insurance that will not even answer the phone, it special insurance for people with accidents, DUIs, Multiple speeding tickets, ect....

 

[ecmst12]

I used to work for a company like that. They follow the same laws as every other insurance company, but they are usually more understaffed and the customers usually have minimum coverage.