Auto Insurance Claims: My Parked Car Damaged By Van Backing Up., Auto theft claim denied because of purported forensics from Tom Seroogy

Question
Hi.  

In February of this year at 9pm at night my vehicle was parked on a city street in NYC.  I was about a block away and saw a U-Haul van backing down the street.  The driver of the van backed into my car and damaged the hood and grille. The car is a 2011 BMW 335d and as only 4 months old at the time.

When the driver got out of the van he was deaf or nearly deaf and did not understand english.  I called the police and and when they arrived they had a very hard time getting any information form the driver.  I eventually the driver handed me a rental agreement for the U-Haul so I have his name and address.  The police officers instructed me to file a MV-104 Report Of Motor Vehicle Accident at the local precinct the next day.  

I contacted RepWest the insurance devision for U-Haul.  I got an estimate for the damage for $850 and submitted it to them. After 3 months of working with RepWest my claim was denied due to lack of evidence and the driver of the U-Haul could never be located.  My wife was the only witness and RepWest said she cold not provide a statement.

I want to file in small claims court for the damage to my car.  Should I file against the insurance company or the person driving?  Most likely that driver moved away so how could I even file against him?

Thanks.

Answer
Hi,

With the caveat I am not a lawyer and cannot give legal advice, if it were me based on my 20 years experience with the court system as well as insurance companies, you go for the deep pockets. UHaul rented the truck to this guy so they are technically responsible. Its not your problem if they can't find the guy. It was their truck!

if this were me, I would file against UHaul. How is it they cannot locate the guy a reason for denial? You have the police to back you up. The way it should work is they pay you and then their insurance company subrogates against the guy.
You can contact a local attorney and find out what he/she thinks, but it sounds pretty cut and dry and you hve documentation on your side! Good job!

Let me know how it turns out.

http://www.autotheftexpert.com