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

Amarillo, TX |

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.

Attorney Answers 4

Posted

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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Asker

Posted

The neighbor is now saying that the car was stolen when it hit my daughters house, therefore, my daughters insurance representative is stating that the neighbors insurance will not pay due to this. Is this true?

Don Karotkin

Don Karotkin

Posted

It may be true, but: 1) the insurance representative is probably not a lawyer and, therefore, is not qualified to express an opinion on this issue if that is what he or she is doing; 2) if the insurance rep is not opining, but rather stating what the adverse insurer's rep has said, then your daughter should not assume this is accurate, but instead communicate directly with the adverse insurer's rep on this. If he or she confirms that the insurer's position is that there is no coverage under their policy for her claim and refuse to pay, your daughter should promptly consult a lawyer for advice and counsel on how to proceed. Again, I wish you and your daughter good luck.

Asker

Posted

Thank you so much! You have been very helpful!

Don Karotkin

Don Karotkin

Posted

You're welcome.

Posted

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 provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

Thank you very much :-) That helps especially knowing about the deductable.

Marion W. Cain

Marion W. Cain

Posted

I expect after her insurance company gets paid by the neighbor's insurance she will get her deductible back -- it often takes about a year but it does come back!!

Asker

Posted

Thank you!

Posted

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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Posted

She has notified her home insurance company. Now for some reason, she is unable to get the neighbors insurance information and they will not answer the door or phone. The police were originally contacted and she called them to get the insurance information and was advised that it would take 2-3 days to get the report to find out the insurance information.

Posted

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. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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