Q: Hello so a month ago some lady hit my car while it was parked fled the scene and the cops found her car a block away
I didn’t have any info on her insurance so I went through mine and they did fix my car now the lady’s trying to go through my insurance to fix her car and my insurance sent me a letter that if it didn’t cover her car I had to pay out of pocket?? How I have to pay if it’s not even my fault to begin with
A:
Under California law, if someone damages your parked car and leaves the scene, it can create a complicated situation, but you're not automatically responsible for their damages. When your car was hit and the driver fled, it's fortunate that the police located her car nearby. Your insurance covered the repairs to your vehicle, which is standard procedure when the at-fault party is unidentified or uninsured.
Now, the other driver's attempt to claim damages through your insurance is concerning. Your insurance company notified you about potential liability if they decide not to cover her car. This typically happens if they determine she wasn't insured or if there are coverage limits that don't extend to her vehicle.
However, you shouldn't be liable for damages to her car if it's not covered under your policy. Your insurance's requirement that you may have to pay out of pocket seems unusual unless there's more to the situation, such as specific terms in your policy or further details about her claim.
To navigate this, review your insurance policy carefully and consider seeking legal advice. If the other driver's claim exceeds your coverage or isn't covered at all, your insurer should explain why they might expect you to pay. It's crucial to gather all the facts, including any communications from your insurer and details about the damage to her vehicle. This will help clarify your position and ensure you understand your rights under California law regarding responsibility for damages in such situations.
If you believe your insurer is unfairly holding you responsible, you may need to dispute their decision or seek assistance from a legal professional who can advocate for you and clarify your rights under California's insurance and liability laws. Understanding the specifics of your policy and the circumstances surrounding the incident will be key to resolving this issue and protecting yourself from undue financial burden.
A: You shouldn't have to pay. Your car is parked - this should amount to no liability on your part. Fleeing scene of an accident - this should amount to no credibility on her part. Ask your carrier how they determined you would have to pay - unless there are additional details, something is backwards here. Good luck
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