Can I sue for damages to my parked car if I had no insurance at the time my car was hit?

Asked almost 2 years ago - Denver, CO

My car was parked at the apartment complex where I live and a drunk driver smashed into the side of my vehicle. My insurance had just expired the day or two before the actual accident. Can I sue for the repairs to my vehicle? Is an apartment complex considered "public" in which a car must have insurance to be parked?

Attorney answers (6)

  1. C. Andrew Campbell

    Contributor Level 15

    6

    Lawyers agree

    Answered . You can recover for the damages to your car. It is true that you may not have to sue if you notify the driver's insurance company of the damage - they will likely have an estimate created and offer you the amount of the estimated repairs. Also, most apartment complexes are private property.

    This information is provided for general informational purposes and is not intended as legal advice. An attorney... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You can sue the driver who hit your car.

    The answer does not create an attorney-client relationship and is for informational purposes only.

    Lassen Law Firm
    1515 Market St #1510
    Philadelphia, PA 19102
    215-510-6755
    http://www.InjuryLawyerPhiladelphia.com

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Contact the adverse driver's insurance carrier and make a claim against his coverage. If he has no coverage, you will need to sue him personally. Your lack of coverage should have no effect on anything, absent a state statute to the contrary.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

  4. Joel Jay Kofsky

    Contributor Level 14

    4

    Lawyers agree

    Answered . As indicated above, you can sue but hopefully will not be needed.
    http://www.phillyinjurylawyer.com/

    Please note that we are not forming an attorney - client relationship and the advice is meant to be general.... more
  5. Joseph A Blaszkow

    Contributor Level 15

    3

    Lawyers agree

    Answered . You probably will not even need to sue. Notify the other driver's insurance company, and based on the facts you have indicated, they will probably be willing to pay for the damage to your car. Good luck.

  6. Howard Robert Roitman

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . Let your insurance company know.

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more

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