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

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?

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Attorney answers 6


You can sue the driver who hit your car.

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

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Philadelphia, PA 19102

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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.


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 licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in which you reside. If you are in Arizona and interested in discussing your matter further I can be reached at: (480) 838-9000 Mark D. Fullerton, P.C. 1839 S. Alma School Road, Suite 275 Mesa, Arizona 85210


As indicated above, you can sue but hopefully will not be needed.

Please note that we are not forming an attorney - client relationship and the advice is meant to be general. Law Offices of Joel J. Kofsky 1616 Walnut Street Suite 2110 Philadelphia, PA 19103


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.

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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.


Let your insurance company know.

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