Visitor Question

Will hiring an attorney help get what I deserve from insurance company?

Submitted By: Anonymous (Hanceville, Alabama)

I was at college and my class had just let out at 10:45. It gets very hectic in the campus parking lot around this time, as almost everyone’s schedule has a lunch break then. Knowing this, I stayed in the building to finish up an assignment.

Someone ran through the door asking who drives this car. Well it was my car, so I went out to find that another student had hit my parked car and then sped off, as if it was an inconvenience to them.

Numerous people saw it happen, including 2 people from my class. I called campus police and they made a report and said they would look for the other vehicle.

Two days later, I find the vehicle in a different parking lot. I called the police and they agreed it was the car. When they talked to the person, they just had them give us their insurance info. Well their insurance doesn’t want to pay for damages since it was on private property. This is even though I have a police report and an admission of guilt to the police from the other party.

Will hiring an attorney help me get what I need from this Insurance Company (Geico)? I feel even more is claimable since I had to run around and all the “emotional distress” of missing class to do police report, searching for the vehicle, finding the vehicle, getting a report filed with an admission of guilt, etc.

This person is getting away with absolutely no consequences for what they done!

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 Anonymous,

Because there were no injuries, you would be hard-pressed to find an attorney to accept your case. In almost all situations, for a personal injury attorney to accept a car accident case, the accident would have to result in injuries.

You may be misinformed about the insurance company’s apparent decision not to provide coverage based on the location of the accident.  In almost all cases, property damage insurance covers car accidents occurring on public and private property. A driver or car owner doesn’t lose his or her right to compensation merely because the accident occurred on private property. If that were the case, minor accidents occurring in parking lots of malls, movie theaters, supermarkets, and other parking lots would not be covered.

Compensation for emotional distress is normally paid in car accidents where injuries occur. The likelihood of your being compensated for your emotional distress is at best, remote. The same is true for compensation for missing your school classes, for searching for the other car, etc.

Start by obtaining a copy of the police report. Obtain 3 estimates for the repairs to your truck. Then contact the driver’s insurance company and negotiate a settlement for the repairs to your car. You can expect the insurance company claims adjuster to pay for all reasonable required repairs to your truck.

In the event you are unable to settle your claim, consider filing a small claims lawsuit. In the State Alabama, Small Claims Courts have jurisdiction up to $3,000.

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: October 19, 2017

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