My question involves insurance law for the state of: North Carolina
My car was stolen from my house late at night. The thief broke the driver side window and defeated the steering lock to steal the car. The thief abandoned the vehicle a few miles away, leaving the vehicle parked illegally. It was left on a residential street perpendicular to the travel lane blocking one entire lane and partially blocking the opposite lane.
It is very likely that thief caused some damage to the vehicle prior to abandoning it.
Another driver traveling in the partially blocked lane at 1:30 am collided with my vehicle resulting in my vehicle being totaled due to frame damage. The other driver contacted the police and filed the accident report which states that he collided with the parked vehicle.
I filed a claim against the other driver's insurance for totaling the vehicle. His insurance company has taken 3 weeks to evaluate the accident and has informed be that they are denying the claim because they say that the accident was unavoidable due to being late at night on a dark road.
The driver lives on this residential street with a 35 mph speed limit, approximately .5 miles from the scene of the accident. The accident occurred about 300 feet from a t-intersection with a stop sign. It is a straight stretch of road with a soft shoulder going into peoples yards, so no curbs or other real obstructions.
I have always believed and understood that if there was only one vehicle in motion then that vehicle was liable regardless of whether the other vehicle was parked legally or not.
Any opinions on whether the insurance company has a leg to stand on here?