My daughters house was hit by a neighbors car with keys left in the ignition.

My daughters house was hit by a neighbors vehicle with the keys left in it. The car rather came out of gear or left out of gear. The neighbors are elderly and disabled. Due to the keys being left in the vehicle, their vehicle insurance may not pay for damages. The hit has made the corner of her house instable and she will need all new brick on that side along with a new garage door. All very expensive. What can she do? She does have home insurance but the deductable is even more than she can afford right now.

Amarillo, TX -

Attorney Answers (4)

Don Karotkin

Don Karotkin

Insurance Law Lawyer - Houston, TX
Answered

If the neighbors had a Texas standard personal auto policy on the car, there is no exclusion in it for leaving the keys in the car. Therefore, if someone is telling you that their leaving the keys in the car lets their insurer off the hook, he or she is either deliberately misleading you or is simply ignorant of the policy provisions and Texas auto insurance law.

In any event, I would not take "no" for an answer from either the neighbors or their insurer. I would promptly consult an Amarillo personal inury plaintiffs' lawyer about suing the neighbors if they and/or their insurer refuse to pay the reasonable cost of repair of the house.

Good luck.

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David J. McCormick

David J. McCormick

Personal Injury Lawyer - Milwaukee, WI
Answered

Your daughter needs to contact her insurance company ASAP, who will in turn go after the neighbors auto insurance. The deductible amount will be taken out of the full cost of the repairs, so she needs to concentrate on getting her house fixed now and worry about paying the deductible later.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
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Scott Douglas Camassar

Scott Douglas Camassar

Personal Injury Lawyer - North Stonington, CT
Answered

Sounds like the neighbor's insurance should pay. Your daughter's company should handle it, but she needs to notify them of the incident asap if she hasn't already.

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Manuel Alzamora Juarez

Manuel Alzamora Juarez

Car / Auto Accident Lawyer - Berkeley, CA
Answered

It seems like a lot of hogwash. The neighbor's insurance company is on the hook to compensate the injured parties. Key on or off is immaterial to the plaintiffs. Hire a PI lawyer from AVVO that works in Amarillo right away. And, your neighbor should hire their own lawyer to sue their insurance company if they do not pay. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more
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