How to Proceed when My Parked Car Was Hit

[puck6633]

My question involves insurance law for the state of: New York

Hello all, I'm hoping maybe you can help me. I've done a little bit of research but I'm not really sure where to look for answers on this problem. Here's the situation:

• My car was parked properly in a mall parking lot, no one was in the car
• A van owned by a local newspaper pulled through and cut the turn too close, hitting the rear end of my car and causing significant damage
• Local police witnessed the incident and wrote a report on site
• Photographs were taken before any of the vehicles were moved, which I am in possession of
• The insurance company says that I have to pay the deductible on my insurance (what?)
• Furthermore, they want to "replace" parts that were undamaged and "repair" sheet metal that's damaged beyond repair

This makes absolutely no sense to me. Why would I have to pay a cent when their driver hit my empty parked car? It seems obvious to me that the insurance company is trying to rip me off, but what recourse do I have? I have all the evidence in the world, but I'm not sure how to go about fighting this is court, or even if it's necessary to do so.

Any advice would be greatly appreciated. Thanks!

[kelly690]

Did you file with your insurance or their insurance? If you filed with yours, they are going to ask you to pay the deductible because you're filing under your policy. If you filed with their insurance company then you shouldn't have to pay anything.

[M'sta Mikey]

You need to read your policy! That is where you will find out what you must pay in the event of an accident whether you occupied the vehicle or not. If you're unsure as to the stipulations, you might want to have an attorney review it and advise but that could cost you more than your deductible.

Most insurance policies state that you are responsible for your deductible, no matter the circumstance. If you know the other drivers insurance company, your insurance company could go after them for your deductible but if not, you could file suit yourself in small claims court and attempt to recoup it.

I have seen insurance companies waive the deductible if your vehicle was unoccupied at the time of the accident - mine did but that's not to say that yours will.