I was woken up by my landlord saying someone hit my car and its bad when I went out I saw my car smashed between 2 trucks 20-40 ft further up then where I parked
The driver went to jail for dwi and later the owner claimed the driver took the vehicle with out permission, it can be proven that he lied about not allowing him to drive. Now insurance don't want to pay for the vehicle. What should my next steps be and with what kind of lawyer is needed?
1. Contact the police to ensure that the vehicle had been reported stolen.
2. Report the accident to your own insurance company as you are required to do in any event. If you have collision coverage, that would be the path of least resistance for you to be compensated. Your insurance company will then go after the at-fault driver and/or owner and/or owner's insurance company. That is the reason you pay insurance premiums.
3. If the vehicle was reported stolen to the police and the owner has given his company a sworn affidavit or sworn recorded statement, it is going to be difficult for you to proceed against the owner or his insurance company. Generally, in every state, if the vehicle is stolen, the owner retains no liability whatsoever for what happens afterward. The same would hold true for you if someone stole your vehicle. You say it can be proven that the owner allowed the driver to use the vehicle? Well, you will have to do so in court if you have to take the case that far, as the burden of proof lies with you in a civil action.
4. It is unlikely that any attorney will take your case, as it is not cost effective for you to pay an attorney an hourly fee for a property damages only case since there is no "pain and suffering" involved in a property damage case.
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