Legal Question in Insurance Law in Pennsylvania
Who's liable for damage when a car is parked?
My car was parked in the middle of the block on Stenton AVe. When my husband went to bring the car on our block, there was a police ticket and the driver's side of our car has been damaged very badly. Someone hit our car (I'm hearing, through a police chase) and caused great damage. Are we left to get the car repaired. We called for a police report, but we find we have to get a application ($25) to send off asking for a report. Is there anything we can do?
1 Answer from Attorneys
Re: Who's liable for damage when a car is parked?
First thing, if you have collision coverage, your insurance company will pay all but the deductible.
Generally, the car which hit you is liable for the damage. If indeed it was a police chase, then odds are good, unfortunately, that the criminal being chased did the damage, probably had a stolen car, and probably doesn't have insurance.
You really need to get the police report. Unless you can actually come up with some evidence of what happened, and identify the party at fault, it doesn't matter what kind of legal theory you come up with.
It's pretty safe to conclude that a driver who hits a parked car, especially one which is legally parked, is responsible. The city can be responsible in a police chase if you can prove they were negligent in how they pursued the chase (mainly, whether they should have given up and let the perp get away), a proposition which is expensive and difficult to prove.
Get the police report, and notify your insurance company.
William Marvin
Law Offices of William D. Marvin
947 Old York Road
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