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Parked car hit

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AmyK

Junior Member
What is the name of your state? New Jersey

I provide mental health services and do home visits. On a recent visit to a trailer park, my unattended parked car was run into by the person accross the street from where I was going. The woman admitted to having hit my car. I called the police and they came out to the scene. The officer wrote up a report but it won't be done until Monday. When I got home I called the insurance company that the woman provided me. I was shocked to find out that her policy has no liabilty coverage at all. I didn't believe it myself so I called the State Banking and Insurance Commission. It was true. Her insurance only covers her medical expenses if she is injured in an accident or provides a death benefit if she was fatally injured. This "insurance", NJ-SAIP, is completely legal and is available only to people on Medicaid. I wrote a letter to the woman explaining that I will now have to claim this on my insurance. I feel that she is responsible for paying the deductible for my uninsured/underinsured motorist coverage. She refuses to pay anything stating that the trailer park rules are that you can't park on the street and that it is the person that you are visiting's responsiblity to tell you. She produced a copy of the rules and her statement is apparently true. I contend that is irrelevant since there are no signs posted and I don't live there and therefore do not know the rules. Is she liable for the damages to my vehicle? How do I recover my deductible that I have to pay due to her negligence?What is the name of your state?
 


petodoane

Junior Member
I feel your pain. I was hit by a uninsured morotist who had no driverlicense. He ran a stop sign and hit me so it was completely his fault then fled the scene of the accident. He immediatley sold his car to junk yard for $50.00 and had no job. I only had liablity. He did not have to pay a thing becuase he did not have a job and I could not set up a lein to garnish his wages. The next year and $4,000.00 (!!!!) of damage to my car, he declared bankruptcy so he would never have to pay me. (sorry so long)

Your state may be different (this happend in WA when I was in college), but because he was poor and completely illegal, NOTHING happened to him. (Sometimes it makes me feel like the best thing to do to get out of paying for something is to not have insurance).

I think that you are just out of luck. SORRY....:(
 

Zigner

Senior Member, Non-Attorney
Whether the rules say you are allowed to park on the street or not is not relevant to your situation. Other drivers are not allowed to play "bumper cars" with other vehicles. File with your insurance company and then sue her for your deductible. Another option would be to sue her for the full amount of repair and not involve your insurance company at all.
 

Happy Trails

Senior Member
AmyK said:
What is the name of your state? New Jersey

I provide mental health services and do home visits. On a recent visit to a trailer park, my unattended parked car was run into by the person accross the street from where I was going. The woman admitted to having hit my car. I called the police and they came out to the scene. The officer wrote up a report but it won't be done until Monday. When I got home I called the insurance company that the woman provided me. I was shocked to find out that her policy has no liabilty coverage at all. I didn't believe it myself so I called the State Banking and Insurance Commission. It was true. Her insurance only covers her medical expenses if she is injured in an accident or provides a death benefit if she was fatally injured. This "insurance", NJ-SAIP, is completely legal and is available only to people on Medicaid. I wrote a letter to the woman explaining that I will now have to claim this on my insurance. I feel that she is responsible for paying the deductible for my uninsured/underinsured motorist coverage. She refuses to pay anything stating that the trailer park rules are that you can't park on the street and that it is the person that you are visiting's responsiblity to tell you. She produced a copy of the rules and her statement is apparently true. I contend that is irrelevant since there are no signs posted and I don't live there and therefore do not know the rules. Is she liable for the damages to my vehicle? How do I recover my deductible that I have to pay due to her negligence?What is the name of your state?
I agree with Zigner.

Information link:

http://www.judiciary.state.nj.us/civil/civ-02.htm
 

ecmst12

Senior Member
But whether she was at fault kinda doesn't matter...if she is on Medicaid, it's because she doesn't have any money. Even if she's legally responsible, is it worth it to file a lawsuit that you almost definitely will never be able to collect on?
 

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