Legal Question in Insurance Law in California

Hit and Run Insurance Claim

Yesterday morning my legally parked car was

smashed by a hit and run driver who took off down the

street before any witnesses could identify the vehicle. I

have comprehensive coverage, but not collision. When

I filed the claim, my insurance company told me that

because 2 cars collided (even though I was asleep in

bed at the time), comprehensive coverage would not

cover the damages. I am trying to tell them I interpreted

the incident as ''malicious mischief'' or ''vandalism'',

since the person broke the law and drove away,

however they're telling me it's ''a matter of semantics.'' I

feel very misled and cheated, especially because when

I decided to get rid of collison on my policy (the car is

over 10 years old), a customer service representative

told me that if something happened to my parked car it

would be covered under comprehensive coverage. The

insurance company is telling me I can't move the car or

drive it while they perform an internal review and

arbitration. Meanwhile, they won't pay for a rental either

(even though I have a $25/day rental car on my policy).

Please help! What should I do?!?!?!


Asked on 5/12/03, 10:59 pm

2 Answers from Attorneys
Jason Hsu Una Law Corporation

Re: Hit and Run Insurance Claim

You need somebody to review your policy and see exactly what type of coverage you had or did not have.

We can likely assist you with your case; yet, without more information regarding the facts of your case, it is difficult to evaluate your case thoroughly. If you are in the northern or southern California areas, please contact us or email us at www.unalaw.com if we can be of further assistance.

Read more
Answered on 5/13/03, 3:46 pm
Steven Murray Steven W. Murray, APC

Re: Hit and Run Insurance Claim

Your characterization of what happened will determine your success. How do you know it was a "hit and run driver?" You were in bed - was there a reason the other vehicle hit your car - like avoiding a pedestrian/child, etc. A careful evaluation of what actually happened, and how, and who says so, and what your policy actually says, is needed. Only deal with your insurer by letter, not phone discussion.

Read more
Answered on 5/13/03, 4:31 pm


Related Questions & Answers

More Insurance Law questions and answers in California