Runaround from other driver's insurance.

[Trevprit]

What is the name of your state? PA

My car, which does not have full coverage, because I don't drive it often, was parked. An uber driver decided to make his delivery w/the keys in the ignition and the car running in the middle of the street Two children walking by jumped in and tried to drive off and crashed into my parked car. I have a police report.

The police report says the uber driver is at fault b/c of his negligence. When I've contacted the other driver's insurance, the rep that's handling the claim hasn't responded, even though it's been 30+ days since we last spoke. I called today and asked for a manager and was told by the agent it looks like my claim is going to be rejected, but the manager would get back to me in one business day. At this point, should I keep contacting their insurance, and what recourse do I have if they refuse to cover the cost of fixing the damage to my car?

 

[LdiJ]

What is the name of your state? PA

My car, which does not have full coverage, because I don't drive it often, was parked. An uber driver decided to make his delivery w/the keys in the ignition and the car running in the middle of the street Two children walking by jumped in and tried to drive off and crashed into my parked car. I have a police report.

The police report says the uber driver is at fault b/c of his negligence. When I've contacted the other driver's insurance, the rep that's handling the claim hasn't responded, even though it's been 30+ days since we last spoke. I called today and asked for a manager and was told by the agent it looks like my claim is going to be rejected, but the manager would get back to me in one business day. At this point, should I keep contacting their insurance, and what recourse do I have if they refuse to cover the cost of fixing the damage to my car?

If they reject your claim, you sue the driver. You should probably sue the parents of the children too.

 

[adjusterjack]

what recourse do I have if they refuse to cover the cost of fixing the damage to my car?

Sue the driver.

I don't think there is much doubt as to the driver's negligence for leaving the car running in the middle of the street.

Two children walking by jumped in and tried to drive off and crashed into my parked car.

How old are the children? Their age may matter in determining whether the parents are liable under PA law.

 

[Trevprit]

Sue the driver.

I don't think there is much doubt as to the driver's negligence for leaving the car running in the middle of the street.



How old are the children? Their age may matter in determining whether the parents are liable under PA law.

Around 12 or 13.

 

[Ohiogal]

Did you report it to your insurance so they could deal with this?

 

[Zigner]

Did you report it to your insurance so they could deal with this?

OP says s/he doesn't have "full coverage".

 

[adjusterjack]

Did you report it to your insurance so they could deal with this?

He's free to report it but since he has no collision coverage and, apparently, nobody is making a claim against him for their damage, then there is nothing for his insurance to deal with.

Around 12 or 13.

Short and sweet. Parents are liable for up to $2500.

See Chapter 55 of the PA Domestic Relations statute.

23 Pennsylvania Consolidated Statutes Chapter 55 (2021) - Liability for Tortious Acts of Children :: 2021 Pennsylvania Consolidated Statutes :: US Codes and Statutes :: US Law :: Justia

Note that the children can also be subject to juvenile criminal prosecution.

OP says s/he doesn't have "full coverage".

Which generally implies no Collision or Comprehensive coverage (in case OG didn't realize that).

 

[zddoodah]

Two children walking by jumped in and tried to drive off and crashed into my parked car.

Tried to drive off? Or actually did drive off? How old were these children (particularly the one who was driving)? How far was your car from the location where the car was stolen?

The police report says the uber driver is at fault b/c of his negligence.

Any conclusions stated in the police report regarding civil liability are utterly meaningless. That said, there's very little question that what you described was a negligent act by the driver/owner.

When I've contacted the other driver's insurance, the rep that's handling the claim hasn't responded, even though it's been 30+ days since we last spoke. I called today and asked for a manager and was told by the agent it looks like my claim is going to be rejected

The agent? Or a claims adjuster employed by or contracted with the insurance company? Did this person explain why "it looks like [your] claim is going to be rejected"?

but the manager would get back to me in one business day. At this point, should I keep contacting their insurance

I see no reason not to wait and see if this person gets back to you tomorrow (and, if he/she doesn't do that, I think you ought to follow up).

what recourse do I have if they refuse to cover the cost of fixing the damage to my car?

You can sue the driver/owner of the car. You also have a claim against the parents of the child who drove the car. Section 5505(a) of Title 23 of the Pennsylvania Consolidated Statutes states that the "[l]iability of the parents under this chapter shall be limited to:

(1) The sum of $1,000 for injuries suffered by any one person as a result of one tortious act or continuous series of tortious acts.

(2) The sum of $2,500 regardless of the number of persons who suffer injury as a result of one tortious act or continuous series of tortious acts."

Section 5501 defines "injury" to include both injury to a person "and theft, destruction or loss of property."

 

[Zigner]

Are you filing a claim with the insurance provided through Uber, or with the driver's personal insurance?

 

[adjusterjack]

Good point, Z.

Numerous resources indicate that Uber's liability insurance could cover the damage done negligently by the driver.

https://duckduckgo.com/?q=liability+claim+against+uber+for+driver+negligence&t=h_&ia=web

 

[Trevprit]

Are you filing a claim with the insurance provided through Uber, or with the driver's personal insurance?

I didn't realize it could be done through that coverage. And I should have specified it was Uber Eats.

 

[Trevprit]

The children only got a few yards with the car and ran from the scene.

The person I spoke with was just a rep that takes calls for that company.

 

[adjusterjack]

I should have specified it was Uber Eats.

Also provides liability insurance for its drivers.

The person I spoke with was just a rep that takes calls for that company.

It's a claims rep you want to be talking to.

Also call the parents of those kids and remind them of their statutory responsibility and get in touch with their homeowner insurance carrier.

 

[Trevprit]

Thank you for all the input. It was very helpful.