QuestionWhat is my legal recourse, and how should I claim with my insurance if my vehicle was struck in my driveway in the middle of the night, no one sees the driver as they fled, and the owner claims they have no idea how the car got there but does not report it stolen?
Answer Hello Jason,
Since you know who the owner is, you need to file a property damage liability claim with the owner's insurance. I am assuming you have filed a police report and you know the name of that insurance company, and that you can confirm the details of the accident.
That owner is responsible for damages inflicted by his vehicle no matter who was driving. It is a hit and run, but that does not matter for the purposes of the insurance claim as long as you have identified the owner.
The only other alternative is to file a collision claim with your insurance company. Under collision, your policy pays regardless of fault. However, you are responsible for your deductible. What your insurance should do in that case is to identify the insurance company of the at fault owner and subrogate that company for your damages. Subrogate means to receive reimbursement for your damages including your deductible. Under subrogation, your deductible would be repaid to you by the at fault carrier. That usually takes a few months. The amount of your actual damages is, in turn, reimbursed to your carrier.
Hopes this helps.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
