Visitor Question

Parking Lot Car Accident Insurance Problems…

Submitted By: Angelica (Houston, Texas)

I was in a private parking lot at my job when I was looking for parking. The car in front of me turned left to park, so I waited for her to do so. As she was parking I kept straight, looking for parking myself. As I kept straight, suddenly she backed up really fast and ran into me on the driver’s back end side of my van.

According to her insurance company they say that she was not on the policy, that only the mother had coverage. I have chiropractor bills and x-ray bills, and written estimates for repairs to my van.

Could you please tell me what I can do to make her or the auto insurance pay for my damages and my injuries? Does it really matter that she wasn’t on the policy if it’s her mother’s car?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Angelica,

You are right. It doesn’t matter whose name was on the insurance policy. The insurance follows the owner of the vehicle. The owner, whether driving the vehicle at the time of the collision or not, is liable for any property damages or personal injury caused by the driver’s negligence.

Either you misunderstood the insurance company Claims Adjuster, or she misled you. It seems awfully strange that she would tell you they are not responsible for your injuries. Contact the insurance company again and demand to speak with a supervisor. Unless the supervisor is also determined to mislead you, you should be able to get some satisfaction.

Although threatening the company and the driver with legal action should be a last resort, if the insurance company continues to stonewall you, you may have to send a letter to the owner and the driver. In the letter explain that you don’t want to hire an attorney, but if they won’t convince their insurance company to pay for your medical, chiropractor bills and x-ray bills, you may have no alternative.

Hopefully that will do the trick. If not, you should either file a lawsuit yourself, or contact a Personal Injury Attorney. Most will not charge you for an initial office consultation.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 29, 2011

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