Car backs into my parked car causing damage. Insurance problems.

[Vinny94]

Jurisdiction

Florida

I was parked in a parking lot when another car that was also parked started backing up and hit the rear of my car causing damage to my car. The police report states that the other driver caused the crash and I also have dash cam video (front and rear) of the crash that clearly shows the other car crashing into my parked car. The other driver's insurance company says the driver is not responding to their phone calls to get their side of the crash. The other drivers insurance company also said that If their insured driver does not cooperate they may close the case and not pay for the damages. Can they do that ?

 

[adjusterjack]

Yes, they can.

There is a cooperation clause in every insurance contract. The operative word is "contract." If the insured breaches the contract by not cooperating, there is no coverage.

They wouldn't be denying your claim, just disclaiming coverage to their insured. Which, unfortunately, has the same result.

Use your collision coverage, if you have it.

 

[Zigner]

You also have the option of suing the other driver. Assuming the damage is $8k or under, this can be done in small claims court.

 

[KyleMorrison]

I was parked in a parking lot when another car that was also parked started backing up and hit the rear of my car causing damage to my car. The police report states that the other driver caused the crash and I also have dash cam video (front and rear) of the crash that clearly shows the other car crashing into my parked car. The other driver's insurance company says the driver is not responding to their phone calls to get their side of the crash. The other drivers insurance company also said that If their insured driver does not cooperate they may close the case and not pay for the damages. Can they do that ?

I would send the insurance company the police report and the full video in writing and ask them to confirm their coverage decision in writing as well.

Their insured refusing to return calls does not make the accident disappear, especially when you have independent evidence showing what happened. That said, if they ultimately deny coverage based on a cooperation issue, you may still have to pursue the driver directly or use your own collision coverage and let your insurer recover the money afterward.

I would also keep every email, claim number, estimate and recording of the damage. If they close the claim without properly addressing the evidence, I would consider filing a complaint with the Florida insurance regulator and speaking with your own carrier about the next step.

I definitely would not accept a verbal "we may close it" as the final answer. Get whatever decision they make in writing.