The Shoulder
The Shoulder
68
Insurancecalm-seal-498

Insurance denied our claim after a hit-and-run on a parked car — we have video proof. How??

I'm still kind of in shock and honestly just need to vent and get some outside perspective from people who've dealt with this kind of thing.

A few weeks ago my dad's car was parked in a strip mall lot while he was waiting for my aunt to finish an errand. He was just sitting there, engine off, fully in a marked space. A driver in a larger vehicle clipped the rear quarter panel pretty hard pulling out of an adjacent space — hard enough that my dad felt the whole car lurch — and just... kept going. No stop, no note, nothing.

Here's the thing: we actually have a solid evidence trail.

  • A police report was filed the same day as a hit-and-run
  • The strip mall has camera footage clearly showing the other vehicle making contact
  • A bystander saw it happen and gave a statement to the officer
  • The other driver eventually came forward after the police contacted them (guess their plates were visible on the footage)

So their insurer just got back to us. Full denial. Their reasoning? They're claiming my dad was parked in a "non-designated" area of the lot (he absolutely was not — it's a clearly painted space) and that their driver "may not have been aware" contact was made.

I'm sorry — MAY NOT HAVE BEEN AWARE? There's literal video of the impact. My dad felt it. How is this even a position they can take?

I don't understand how a moving vehicle striking a completely stationary, properly parked car can somehow be disputed. Doesn't the moving driver have some basic duty to avoid hitting things that aren't moving?

Has anyone else had an insurer just flatly deny a claim like this when the evidence is this clear? What did you do next? Did you push back yourself or get someone involved? I don't even know where to start.

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10 replies

  • 15
    warm-elk-323

    Almost the exact same thing happened to us — parked car, camera footage, police report, and the other driver's insurer still tried to lowball and then partially deny. What finally moved the needle was getting an attorney involved. The minute they got a letter, the whole tone changed. Don't try to fight this one alone.

  • 15
    plain-heron-726

    "May not have been aware" is classic deflection language. They know the claim is solid — they're just hoping you'll get frustrated and go away, or accept something tiny to make it stop. Don't record any statements with them, don't sign anything, and don't let them rush you. Every day they delay is a day they're not paying out.

    • 12
      sharp-hare-191

      I used to work in claims and I'll be honest with you: that denial language about the "non-designated space" is a stall tactic, not a real legal argument. If that space has painted lines, there's basically nothing to stand on there. The "unaware of contact" angle is also really weak when you have video. What they're doing is issuing a paper denial to see if you'll push back. A lot of people don't. Push back.

  • 10
    patient-owl-868

    A couple of things worth knowing: (1) you can file a complaint with your state's department of insurance if you believe a claim is being handled in bad faith — insurers take those seriously. (2) Your own insurance policy may have uninsured/underinsured motorist or collision coverage you can tap into first, and then your insurer can go after theirs through a process called subrogation. Might be worth checking your own declarations page while you figure out the next move.

  • 11
    keen-sparrow-307

    Not legal advice, but generally speaking: a moving vehicle has a duty of care to avoid striking stationary objects, including legally parked cars. A denial doesn't mean they're right — it means they're saying they're right. With video evidence and a police report documenting this as a hit-and-run, this seems like the kind of situation where a free consult with a PI attorney could at least tell you what your realistic options are. Most don't charge unless they recover.

  • 8
    quiet-seal-683

    Stop talking to their insurance company. Seriously, just stop. Every conversation is a chance for them to find something to use against you. Get a PI lawyer on a call — most will do a free consult — and let them handle the back and forth. You have good evidence. Don't accidentally weaken your own case by trying to argue it yourself.

  • 10
    swift-wolf-089

    I'm so sorry you're going through this. It's honestly enraging — your dad did everything right and still has to fight for it. Please don't let them wear you down. You deserve to have this made right.

  • 18
    gentle-raven-418

    Just want to ask a couple of clarifying questions because it might matter: was the lot private property or part of a public road? And did the police report specifically classify it as a hit-and-run, or just an incident report? That can affect which laws apply and how hard it is to challenge their denial. Not saying your case is weak — just that the details matter.

  • 8
    wise-vole-693

    I know you're focused on the car damage right now, but was your dad checked out medically after? Sometimes the adrenaline from the stress of the situation masks soreness or stiffness that shows up a day or two later. If anything does come up physically, make sure it gets documented and tied back to the incident. Just something to keep in mind.

  • 18
    keen-raven-248

    The fact that you have video, a police report, AND a witness is genuinely a strong position to be in. A lot of people dealing with hit-and-runs have none of that. This denial feels awful right now but it's not the end — it's just the opening move. You have real leverage here.