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View Full Version : Unplated, uninsured car hit in mechanic's parking lot ... who pays for damages?


D-3vil
Jul 5th, 2012, 01:55 PM
My sister's unplated, uninsured car was parked in her mechanic's parking lot (shared with other business in that compound). During this time, another car on the road nearby lost control and, long story short, damaged her car. Thankfully, no one was hurt.

Police came to the scene and the driver was apparently insured.

My question is, who would pay for the damages to my sister's car? Is it a combination of the driver's insurance and the commercial property insurance policies? Or is it the driver's insurance alone?

What actions does my sister need to take in order to seek compensation? Last I hear, the driver's insurance company was going to send an adjuster to assess the damage (as another car was also damaged in the collision).
TrevorK
Jul 5th, 2012, 02:09 PM
Your property, on private property, was damaged as a result of the negligence of another party, I do not see why the car insurance of the driver that damaged your property would not cover the claim.

The fact that you had no insurance coverage (which I assume is perfectly legal in your province when it's on private property) is irrelevant. All it means is that you may have to sue the driver if the insurance company does not want to pay you out.
skwigglyline
Jul 5th, 2012, 04:16 PM
the driver's insurance company's adjuster is going to come look at it??? the hell with that, you dont have to take his quote or anything....go to a shop or even the dealership, get a quote and send the driver or driver's insurance company the bill or sue em like the previous poster said.
Heero01
Jul 5th, 2012, 04:47 PM
lol @ everyone saying sue...

Don't sue, your claim will be covered. If you end up sueing you will have a loooong road ahead of you.
TrevorK
Jul 5th, 2012, 08:38 PM
lol @ everyone saying sue...

Don't sue, your claim will be covered. If you end up sueing you will have a loooong road ahead of you.

Not really.

You sue the driver.
The driver hands the claim to his insurance company.
The insurance company settles with you out of court because it is cheaper than paying all their lawyers to fight something they are on the hook for.

Suing someone isn't the first option but it is nowhere near a lot of work when the other party has valid insurance.