Q: Do I get less of a payout from insurance if my car was hit when it was parked?
A: The amount of compensation that you are entitled to does not change based on whether your vehicle was parked or in motion at the time of the collision. With regard to property damage, you are entitled to get the amount equal to the repair cost of your vehicle. While your vehicle will be in a repair shop, you are entitled to receive a rental car. If your vehicle is a total loss, then you are entitled to receive the market value of your vehicle as of the time of the collision. If your vehicle was occupied at the time of the collision, each occupant is entitled to receive compensation for any personal injuries he or she sustained. The amount of the compensation does not in anyway depend on whether the vehicle was parked or moving at the time of the collision. The amount of the compensation is determined by the extent and severity of the injuries.
Peter N. Munsing agrees with this answer
A: If you were in the car and were hurt, generally you might get a tiny bit more just because liability is clear--your car stopped, other vehicle in motion, hit a stopped object=careless/ failure to avoid stationary objects.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
