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Motorcyclist hit my parked car. His insurance is deny him coverage; he is withholding paperwork they require. Should I sue?

Jim Thorpe, PA |

A motorcyclist hit my parked car in the beginning of September. His bike had a known condition where one of the gears does not engage properly. This caused the accident.
His insurance company is waiting on a document proving he purchased the bike from someone. He is not providing this document to them, and has gone as far as to turn off his cell number to avoid calls.
When this happened, he left his number to talk things over with me after the incident. He came to my house and told me what happened. When he came over, he was under the influence of drugs, and I could tell due to his dilated pupils and his actions. He also mentioned a friend of his dealing in stolen bikes, which lead me to believe that this bike was stolen.
My insurance deductible is $1000, and the damages are $4300.

$1000 is quite a lot of money for me to come up with in a timely fashion. On that note, this individual has a record of spending plenty of time in jail. I am not interested in using my own insurance because I have had other family members do the same thing and never see their money repaid to them because the person did not repay his legal fees. I'm already out 130 dollars because I had to replace the mirror in order for my car to pass inspection, and I'm fairly certain I will not see that money back. It just doesn't seem like I can win in this situation.

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Attorney answers 4


Typically your insurer will seek to recover your deductible.

If you want to discuss please email me at or call on my mobile: (206) 714-1421. Thanks.


I would go through your own insurance as it will be much faster. Your insurance company will surrogate against the motorcyclist and include your deductible in their claim.


I would file the claim with your insurance company. Let them go after the motorcyclist's insurance company. Your insurance company has a duty to recover the deductible if they can. Also you may be able to just get a check for $3,300 and fix only what you want to or can fix for that money. Unless your policy has language which requires you to fix the car, there is nothing in the law that requires you to repair the car with the insurance proceeds.


Turn it over to your insurance company to resolve.