The Shoulder
The Shoulder
51
Insurancebright-raven-364

Guy backed into my parked car in broad daylight — he has no insurance. What do I do??

Still kind of in shock honestly. I was inside my house when I heard a loud bang outside. Went out and found my car had been completely crunched from behind — bumper pushed in, trunk won't close, tail lights shattered. A guy from a few houses down had been pulling out of his driveway and just... nailed it.

He admitted fault right there on the spot, was actually pretty apologetic about it. Cops came, filed a report, noted he was at fault. Here's the nightmare part: he has no insurance at all. Zero.

I have full coverage on my car but when I called my own insurer to sort out a rental while mine gets repaired, they basically told me a rental isn't included in my policy unless I pay out of pocket and try to get reimbursed later. I work about 25 miles away and there's no public transit option — I need a vehicle to keep my job.

So now I'm stuck trying to figure out:

  • Do I go after this guy directly in small claims for the rental cost?
  • Does my uninsured motorist coverage even apply here since the car was parked and I wasn't in it?
  • Is there any faster way to get a rental covered without fronting hundreds of dollars myself?

I'm not a confrontational person and honestly just want my car fixed and my life back to normal. But I also can't just eat these costs. Has anyone dealt with an uninsured driver hitting a parked car specifically? The parked part seems to be making everything more complicated for some reason. Any advice welcome.

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9 replies

  • 21
    daring-mole-304

    Former adjuster here. The parked car thing is a gray area that some insurers use to wiggle out of rental coverage, which is honestly frustrating because the outcome for you is the same — you're carless. A few things worth checking: (1) read your declarations page for 'transportation expense' or 'loss of use' language, (2) your insurer can file a subrogation claim against the at-fault driver even if he's uninsured — it's slower but they're supposed to pursue it, and (3) if your adjuster seems unhelpful, ask to escalate or file a formal complaint with your state's insurance commissioner. That word alone sometimes speeds things up.

  • 20
    kind-crane-465

    Be really careful about what your adjuster tells you over the phone. They have a habit of 'forgetting' to mention options that might cost them money. Ask specifically and in writing whether your policy has any uninsured motorist property damage (UMPD) component — some policies include it and it can cover exactly this situation. Don't just take a verbal 'no' as the final answer.

  • 18
    brave-elk-399

    This is so unfair, I'm sorry you're dealing with it. You did everything right — you have insurance, the police came, there's a report — and somehow YOU'RE the one scrambling. I hope you're able to get some answers soon. Rooting for you.

  • 12
    quick-tern-896

    Ugh, I went through almost the exact same thing two years ago — uninsured driver, parked car, the whole mess. The rental situation was the most stressful part because everything moves SO slowly. What ended up working for me was filing through my own collision coverage and letting my insurer go after the at-fault driver through subrogation. I still had to pay my deductible upfront but eventually got it back. It took a while but it did come back.

    • 9
      mellow-fox-220

      Small claims court is actually a really reasonable option for the rental and any out-of-pocket costs, especially since you have a police report clearly establishing fault. The filing fees are usually pretty low and you don't need a lawyer for small claims. The tricky part is collecting even if you win a judgment — if this guy has no insurance he may not have much else either. Worth doing, just manage expectations on timing.

    • 6
      brave-swift-255

      Were you physically near the car when it happened? Even if you weren't inside it, the shock and stress of something like this is real. Just making sure you're okay on that front too — sometimes people hyperfocus on the car stuff and don't acknowledge that this is genuinely stressful and disruptive to your whole life.

  • 7
    daring-crow-388

    Not legal advice, but the uninsured motorist coverage question is legitimately complicated when the vehicle was parked and unoccupied — it varies a lot by state and by specific policy language. If your insurer denies coverage and you think they're wrong, a free consult with a PI attorney is worth your time. Most won't charge for an initial conversation and can at least tell you whether you have a viable angle. Don't just accept the first denial.

    • 16
      gentle-newt-816

      Here's the short version: (1) check your full policy document tonight, not just what the phone rep said, (2) rent the cheapest possible car you can find and keep every receipt, (3) file in small claims against the driver for all out-of-pocket costs, (4) consult a lawyer if your insurer keeps stonewalling. Don't wait around hoping things resolve themselves — they won't.

    • 9
      curious-passenger111

      That lines up with what my adjuster told me too.