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Parked Car Incident In A Parking Lot

Discussions relating to Personal Injury Law

Parked Car Incident In A Parking Lot

Postby Deror » Fri Dec 02, 2016 10:05 am

Dear Richard, our car was parked in a lot in NJ(no fault state) and was hit while in the store.  $1800 damage bottom line after bringing it to a collision shop.  The collision shop told my husband that if we put in a claim with Geico they will raise our rates because of no fault so it doesn't pay?  Is that true - sounds unfair since we were not there or responsible in any way whatsoever? can you help clarify if no-fault applys here and if rates will inevitability be raised by Geico in effect punishing us for something we couldn't control?

ANSWER: Hi Michele, unless the State of New Jersey changed it's auto insurance laws, which might be the case, the no-fault insurance is personal injury protection and has absolutely nothing to do with property damage.  The damages your vehicle sustained should be covered under your collision coverage and there should not be any increase on your insurance policy because this was in effect a hit and run event and thus you were in no way negligent in causing it.  When I was in the Personal Injury Law business in N.Y. the no-fault coverage in N.J. would cover medical bills and lost wages sustained by a motor vehicle accident regardless of who was at fault but any property damages would be paid by the at-fault driver's insurance or if it was a hit and run event by the victim's collision coverage.  If the event involved serious bodily injury then the injured person would sue the at-fault driver or in a hit and run scenario would file a claim with their own insurance company's uninsured motorist protection endorsements.

---------- FOLLOW-UP ----------

no question but wanted to say thanks for getting back to me so quick.  That was my gut instinct that it would be unfair and we will now call Geico and put in a claim.
Deror
 
Posts: 34
Joined: Fri Feb 14, 2014 12:44 pm

Parked Car Incident In A Parking Lot

Postby bardoul » Fri Dec 02, 2016 1:12 pm

Dear Richard, our car was parked in a lot in NJ(no fault state) and was hit while in the store.  $1800 damage bottom line after bringing it to a collision shop.  The collision shop told my husband that if we put in a claim with Geico they will raise our rates because of no fault so it doesn't pay?  Is that true - sounds unfair since we were not there or responsible in any way whatsoever? can you help clarify if no-fault applys here and if rates will inevitability be raised by Geico in effect punishing us for something we couldn't control?

ANSWER: Hi Michele, unless the State of New Jersey changed it's auto insurance laws, which might be the case, the no-fault insurance is personal injury protection and has absolutely nothing to do with property damage.  The damages your vehicle sustained should be covered under your collision coverage and there should not be any increase on your insurance policy because this was in effect a hit and run event and thus you were in no way negligent in causing it.  When I was in the Personal Injury Law business in N.Y. the no-fault coverage in N.J. would cover medical bills and lost wages sustained by a motor vehicle accident regardless of who was at fault but any property damages would be paid by the at-fault driver's insurance or if it was a hit and run event by the victim's collision coverage.  If the event involved serious bodily injury then the injured person would sue the at-fault driver or in a hit and run scenario would file a claim with their own insurance company's uninsured motorist protection endorsements.

---------- FOLLOW-UP ----------

no question but wanted to say thanks for getting back to me so quick.  That was my gut instinct that it would be unfair and we will now call Geico and put in a claim.
bardoul
 
Posts: 35
Joined: Fri Apr 01, 2011 8:43 pm

Parked Car Incident In A Parking Lot

Postby Dal » Fri Dec 02, 2016 5:14 pm

Hi again Michele, hanks for your feedback and the nomination.  Be thankful that you had collision coverage on your policy because the most you will have to pay out of pocket will be the deductible.  Hopefully the adjustor who gets assigned to your claim can come to a swift agreement with the body and fender mechanic who will do the repairs and use a little "wiggle room" on the numbers so that you can be made whole in this matter with only a small amount of out of pocket expense.
Dal
 
Posts: 53
Joined: Tue Feb 04, 2014 5:52 pm


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