My car was parked on the said eof the curb while i was visiting a family member. We all heard a loud crash and ran outside and some dumb guy had ran off the road and ran right into the back of my parked car. His car was totaled and he hit my car so hard that it moved up a whole cars length and more of where it was parked.The guy first tried to start his car to run bit it wouldn't start so he got out and ran leaving the car there.The police came and did not catch the driver but they got the owners information and insurance and gave it to me.The people that own the car are saying their car was stolen. will the owners car incurance pay for my cars damage?The owners did not report their car stolen untill after the accident and the ingnition was not punctured or anything is there any way I can get their insurance company to fix my car?
2007-04-18 17:20:54 · 7 answers · asked by mary a 1 in Cars & Transportation ➔ Insurance & Registration
Even if I only have liability.
2007-04-18 18:13:59 · update #1
That is what your insurance company is for. They arrange the repairs on your car, and subrogate against the other driver's insurance company. If he has reported his car stolen after the accident, he will have to deal with the police to prove he wasn't the driver, not to mention his own company.
2007-04-18 17:40:37 · answer #1 · answered by Fred C 7 · 0⤊ 0⤋
The other company will have to prove theft. A key part of that will be the police investigation. If the key was used to start the car then "theft" can be iffy. IF the owner of the car knows the driver, or the driver lives with the owner and the keys were left out it most likely won't be considered theft.
The best thing you can do is make sure the police do a complete investigation. Make sure to get copies of any reports that the police can release to you. Since you have liability coverage only your company will be of little assistance to you. You will need to be proactive on this to protect your interests.
If the car was really stolen the other would not owe you and you will have a tough time collecting. In many states you could sue the driver and/or owner, but winning in court does not guarantee payment. You still have to find a way to get the other party to pay you.
Good Luck.
If the other company insists on denying the claim based on theft then ask for what information they are basing that on.
2007-04-19 02:41:39 · answer #2 · answered by fighting saints 6 · 0⤊ 0⤋
A lot (or all) of auto insurance policies have a provision that if a driver that is not listed on your policy is driving your car at the time of the accident, they must have permissive use to drive your vehicle. This prevents you from being held liable if someone steals your car and then causes a lot of damage.
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However - for the person to declare their vehicle stolen, they should have to file a police report, and typically fill out separate insurance forms/affadavit declaring the vehicle stolen. Even then, if the party that took the car had access to the keys or regular access to the vehicle, the insurance company can show that the party had implied permissive use of the vehicle and won't consider it stolen. If there was no damage to the ignition/steering column, then it is reasonable that the person driving somehow had access to the keys. I would contact their insurance company to see what level of "theft" is being claimed.
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Also: if you have liability only on your policy, your insurance company is essentially helpless. They can help contact the other insurance company for you, but if they don't pay anything out, they cannot collect (subrogate) on your behalf.
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If you think the vehicle was not truly stolen, and the insurance company denies coverage anyways, you could technically take the owners of the car to small claims court for your damages, and let a judge have the final say on whether or not it was stolen.
Good luck!!!!
2007-04-18 19:36:37 · answer #3 · answered by erniesnuggle 2 · 2⤊ 0⤋
Tell them in writing you are going to Small Claims Court to sue them since neither the policy nor the amount in question justifies a search into your entire past life. Have you produced police reports for the two thefts? It should be enough that a fraudulent police report is a felony. If you don't want to sue, then complain to the state insurance board, the consumer columns of the newspapers. You can't afford a lawyer for a pair of glasses. It will quite reasonably cost you a few hundred dollars. Or more.
2016-04-01 08:11:28 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Will the insurance company pay for my car damage if they say their clients car was stolen?
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2014-07-02 13:14:16 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Personally I would think his company would have to pay, especially if they did not report the car stolen till after the fact, how convenient....?
Contact your insurance company and even though you only have liability they will answer these questions and try to help you if it is a good company.
2007-04-19 18:11:15 · answer #6 · answered by Angel girl 4 · 0⤊ 0⤋
Will the insurance company pay for my car damage if they say their clients car was stolen?
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2014-07-15 17:22:29 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Call their insurance company and give them the police report number and ask them when are they going to pay. Ask do you need 3 estimates or does their insurance have it's own estimate shop? Also call your insurance company and tell then what happened and your insurance will work with you.
2007-04-18 17:27:00 · answer #8 · answered by Fordman 7 · 0⤊ 0⤋