Automotive

Car Hit While Parked - No Coverage - Need Advice

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  • Sep 27th, 2015 6:22 pm
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Newbie
Oct 19, 2013
4 posts
Brampton, ON

Car Hit While Parked - No Coverage - Need Advice

Hey all,

I was hoping to get some advice on a current situation I find myself in. Basically, I have a project car that I don't have insurance coverage on. I usually don't drive this car besides taking it for the occasional lap around my neighborhood.

So a couple weeks ago I brought my project car over to a buddy's place who lives a few streets down from me to work on our cars. I parked my car in front of his house and shortly later his neighbour's basement tennant backed out of the driveway and rammed into the side of my car. The damage is considerable, as it is an older high-end car and all the damage is in the quarter panel which is not a panel that can be replaced since it is welded to the frame.

Knowing I did not have insurance coverage, I looked for a cash payment resolution. Initially, the other party agreed and after I got a few estimates I think he s*** his pants and got scared of the costs (between 2-3k). Now he is ignoring me, and won't respond to my texts. I've actually been very reasonable and nice with him and told him I'd be willing to accept a 1k cash payment. He is trying to strongarm me into going to his own mechanic's shop (whom I visited, and is an unprofessional hack who I will not allow to touch my car) or give me a measley few hundred dollars. This was his offer.

Can I still contact his insurance company under his liability policy to cover my damages? Or am I SOL because my car has no insurance?
18 replies
Sr. Member
Sep 13, 2010
592 posts
167 upvotes
Montreal
SOL.
Your insurance pays to have your car fixed and the guy that hit your car, his insurance pays for his car to be fixed.
That's the whole point of no fault insurance.
And you can't force him to pay anything if he doesn't want. Don't make him find out you have no insurance or else he really won't pay anything because you won't be able to make a claim so nothing would happen to him.
Newbie
Oct 19, 2013
4 posts
Brampton, ON
This was 100% his fault though since he rammed into a parked car and he has acknowledged he is at-fault. I have like 5 witnesses as well.

I was under the impression that if I make a claim with his insurance company, his liability coverage would pay for damages that he has caused.
Deal Addict
Apr 27, 2008
1185 posts
610 upvotes
Edmonton
I'd take anything you can get. You have no insurance and the car should not be on the road in the first place. If fact, if you contacted his insurance company, I wouldn't be surprised if they tried to collect the damages to his vehicle from you and might even report you to the police for driving a vehicle without insurance as you would be claiming he hit your car which was on a public road. In Ontario, it is illegal to drive a vehicle without insurance, and the minimum fine is $5,000 plus a mandatory 25 per cent victim fine surcharge, bringing the minimum fine to at least $6,250. (https://www.insurancehotline.com/the-co ... -accident/)

So ultimately, I wouldn't push my luck, and learn from your mistake. If you are going to take the car on the road then at least put basic insurance on it (PLPD). Even if you aren't going to take it on the road, I would put theft and fire insurance on it which is pretty cheap in case someone decides to steal it, since you describe it as an older "high-end car."
Deal Expert
Jun 30, 2006
21133 posts
9788 upvotes
Toronto
You don't have insurance on the car. SOL. Should have got insurance if you were serious about driving the car. His liability coverage doesn't cover uninsured cars.
Deal Expert
Mar 25, 2005
22706 posts
3697 upvotes
topszn416 wrote: Hey all,

I was hoping to get some advice on a current situation I find myself in. Basically, I have a project car that I don't have insurance coverage on. I usually don't drive this car besides taking it for the occasional lap around my neighborhood.

So a couple weeks ago I brought my project car over to a buddy's place who lives a few streets down from me to work on our cars. I parked my car in front of his house and shortly later his neighbour's basement tennant backed out of the driveway and rammed into the side of my car. The damage is considerable, as it is an older high-end car and all the damage is in the quarter panel which is not a panel that can be replaced since it is welded to the frame.

Knowing I did not have insurance coverage, I looked for a cash payment resolution. Initially, the other party agreed and after I got a few estimates I think he s*** his pants and got scared of the costs (between 2-3k). Now he is ignoring me, and won't respond to my texts. I've actually been very reasonable and nice with him and told him I'd be willing to accept a 1k cash payment. He is trying to strongarm me into going to his own mechanic's shop (whom I visited, and is an unprofessional hack who I will not allow to touch my car) or give me a measley few hundred dollars. This was his offer.

Can I still contact his insurance company under his liability policy to cover my damages? Or am I SOL because my car has no insurance?
You drove the car without insurance, violating the HTA. Smarten up and move on.
Deal Addict
Feb 6, 2014
1617 posts
374 upvotes
Brampton
Guys, rental cars always have insurance . OP didn't take loss damage waiver (ldw) when renting car. You take ldw if you don't want to pay for damages on the car you are renting
Deal Addict
User avatar
May 16, 2007
1584 posts
77 upvotes
ambujakshi wrote: Guys, rental cars always have insurance . OP didn't take loss damage waiver (ldw) when renting car. You take ldw if you don't want to pay for damages on the car you are renting
Who's renting a car lol?
Deal Expert
Oct 7, 2010
15536 posts
5790 upvotes
I guess the OP learnt his lesson. Usually when you insist on not going though insurance, they know you got no insurance.
Newbie
Oct 19, 2013
4 posts
Brampton, ON
Fair enough. I just wanted to get clarification on the insurance liability part. I will back off and take what I can get from the guy, and move on.

I have a daily driver, but even if I had fire and theft on this car it wouldn't have made a difference given the circumstance.

Thank you RFD'ers for the replies.
Member
Oct 23, 2011
348 posts
65 upvotes
Etobicoke
At least post pictures, is it a 1989 Honda Civic?
Deal Addict
Nov 12, 2004
2681 posts
1482 upvotes
Hometown
Troll? Has to be. No one could be so foolish as to drive admit driving an uninsured car around their neighbourhood regularly and then taking it over to a buddies place to work on with no insurance? OK people are that dumb... but to come on here and suggest they are entitled to a huge cash pay out for having it backed into while it was left on the road?

I feel the same way about this as I did in the other thread in a parking lot. The OP is absolutely, entitled to have his car fixed because the other guy backed into him. The guy who hit him should report the accident to the police which is the law for anything over 2K in Ontario and his insurance company since he can't afford the cash payment. The OP should take his 5000.00+ fine and facility insurance for 3 yrs as well for being an idiot and leaving an uninsured car out of the road....
Deal Addict
Mar 29, 2015
1999 posts
158 upvotes
Wood Bridge
I would not drive around in an "uninsured" "kit car" in ontario
Deal Expert
Mar 25, 2005
22706 posts
3697 upvotes
topszn416 wrote: Fair enough. I just wanted to get clarification on the insurance liability part. I will back off and take what I can get from the guy, and move on.

I have a daily driver, but even if I had fire and theft on this car it wouldn't have made a difference given the circumstance.

Thank you RFD'ers for the replies.
If the other driver realizes what is happening, do not expect a penny. He suddenly is in the drivers seat and will decide if you end up with cancelled insurance, a major conviction and a $5k bill from the province.
Deal Addict
Dec 7, 2011
3586 posts
1993 upvotes
Whitehorse
Which province are you in? Do you have number plates on the car? Was the parking spot on a public road or on private property?
Deal Expert
Aug 2, 2001
18946 posts
10527 upvotes
The first step would be reporting the accident to the collision centre because it exceeds the thresholds, therefore you are legally required. The next step is paying the ticket you will get for driving an uninsured vehicle. Afterwards, you can decide whether to sue the other party in small claims court.

Oh wait, let me guess. You do not want to do things legally and report the collision, yet you want all the other legal protections you are given?
Deal Expert
User avatar
Mar 22, 2007
29332 posts
10713 upvotes
Hamilton
report to the collision centre
hated on but respected.
Deal Addict
Feb 24, 2007
4233 posts
1220 upvotes
^ That's it.

Talk to a lawyer. You can't be serious to take advice from a forum. He made a mistake and he has to pay. Just tell him to see him in the court.
FS : Promise NS4300N NAS,Linksys RE400W,E5151,HBB1,VIVOTab RT,MemoPad 8
Sr. Member
Oct 24, 2006
648 posts
77 upvotes
Toronto
TrevorK wrote: The first step would be reporting the accident to the collision centre because it exceeds the thresholds, therefore you are legally required. The next step is paying the ticket you will get for driving an uninsured vehicle. Afterwards, you can decide whether to sue the other party in small claims court.

Oh wait, let me guess. You do not want to do things legally and report the collision, yet you want all the other legal protections you are given?
Exactly my thoughts.

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