My vehicle was hit while parked in a parking spot the person who hit it is 100 at fault but only has $5000 insurance coverage?

JOSEPH 08/13/2017. 19 answers
Cars & Transportation Insurance & Registration

My vehicle was hit while parked in a parking spot the person who hit it is 100 at fault but only has $5000 insurance coverage? The damages to my vehicle total up to $6100. The police report shows that they are 100 at fault for the accident. But since they only have $5000 coverage their Insurance company said to go...

19 Answers

Mr.357 03/13/2017.

You could make a claim against your insurance and get $5600 of which they will get $5000 from the other insurance co. Or you could get $5000 from the other insurance co and sue the other driver for $1100 if you think they have the $1100.

lj1 03/13/2017.

Call your insurance company (or your insurance agent if you have one). They will probably advise you to make a claim on your Collision coverage to get your car repaired. You will pay the first $500 for the repairs, and they will pay the remaining $5600.

Your insurance company will seek reimbursement from the other insurance company, and send a bill for the remaining $1100 to the moron who chose to carry a measly $5000 of liability coverage. When they get their money back, they will refund your deductible.

As everybody else has said, you need to speak with your insurance company/agent before you do anything else.

lucy 03/13/2017.

Believe it or not, there are 4 states that only require $5,000 in property damages. They are,CA, MA, NJ and PA.

So, you obviously live in one of the above 4 states, which means that the insurance can only pay $5,000 max for your damages.

Since hit while parked, there is no dispute of fault, so other insurance will pay, but only $5,000.

To have your vehicle fixed, you will need to pay your $500 deductible, then your insurance will pay $5,600 to fix. Then your insurance will get paid $5,000 from the other insurance company.

Now, it depends if your insurance will "refund" back a part of the $500 deductible or not, since the other driver has only the minimum limits. This should be a question you ask your insurance.

Now, if, you purchased under-insured property damage coverage, then in most cases the deductible is lower or may have none.

So, you have 2 choices. Either accept the $5,000 and you pay out of the pocket the $1,100, or pay your $500 and have your insurance pay the rest.

Your insurance should not go up, since you are not at fault for this accident.

roderick_young 03/13/2017.

Do talk with your agent. Maybe you heard wrong, or the other person is misinformed, and their coverage is really $50,000.

StephenWeinstein 03/13/2017.

If you use your insurance, then you pay the $500 deductible and a total of $5600 is paid by insurance companies (either all by your insurance company or $600 by your insurance company and $5000 by the other driver's insurance company).

If you are really concerned about the effect on your insurance payments, you might want to tell the other driver's insurance company to just pay the $5000 and say that you will pay the other $1100 yourself. It will only cost you $600 more than if you used your insurance.

DR + Mrs Bears face 03/13/2017.

HI so you will be going to court to claim the FULL AMOUNT.

Obi Wan Knievel 03/13/2017.

Ask your insurance provider, dummy. They'll not only tell you at no extra charge, but their answer won't be a blind guess. You didn't say where you live, and there are no international rules for claiming compensation under an insurance policy.

The first thing they'll help you with is that $5000 thing, because I've never heard of a jurisdiction that allows a minimum limit that low and neither has anyone else. The next thing they'll help you with is how to claim for compensation, because they know the laws and procedures where you live.

And unless you live in some third world toilet formerly known as a country, your rates won't be affected by an accident that was the other guy's fault.

Bill 03/13/2017.

In most states the minimum liability insurance for an automobile is more than $5000, so how does this person have only $5000 coverage? In any case, if your insurance includes coverage for uninsured or underinsured motorists, you should be covered.

JetDoc 03/13/2017.

If you want legal advice, go talk to a lawyer.

amy lynn 03/13/2017.

Talk to your insurance agent. Your insurance agent should straighten this out.

I know that the policy I have covers for "under insured" drivers. Basically, the insurance gets everything they can from the other person's policy and then covers the rest. No deductible under the situation you describe.

However, policies can have extreme differences and you will need to talk with your insurance company to know exactly how YOUR policy is set up.

When picking an insurance policy, try to think of all the "worst case" events that you can and then make sure that your policy would cover you the way you would want to be covered if the "worst case" happens.

Willie 03/13/2017.

Contact a lawyer and sue his insurance for one million dollars.

No Summertime 03/13/2017.

$6100 in damages? Bullshit

kurt 03/13/2017.

Their insurance should cover you. I would get a lawyer if necessary.

Anonymous 03/13/2017.

You talk to YOUR INSURANCE AGENT about the situation. We can only guess.

This works by Insurance policies(which defy rational LOGIC).

You won't get blamed and your insurance won't go up. Your insurance company will talk to that insurance company and they work out some kind of DEAL. It should not cost you one cent. Not even your deductible.

Ask them for the proper answer.


I got hit by a drunk(his insurance is automatically void). 100% his fault. My insurance company paid for all the hospital costs and replacement of my vehicle. Not my cost. How the insurance gets the money out of the other driver insurance company is not my concern. My insurance did not go up nor was I denied coverage. I do not care how it works. I don't work in the insurance industry. The two different insurance companies figure it out.

Anonymous 03/13/2017.

If you have full Insurance cover, worst case is you claim on that and have to pay your $500 deductible. That's about the worst scenario.

As you are not at fault, your insurance rates shouldn't go up, and your company may waive the excess, or recover it from the other driver.

But you need to talk to YOUR insurance company about this, Strange that if insurance in compulsory, that the limit is so low. Write off a new car and you might be out $50-100K, and that's without any injuries.

But if you have full cover, then you are only ever going to be out your deductible, which may suck, but at least is affordable.

Skoda John 03/13/2017.

What a crazy country. $5000 limit is less use that a cat door in a submarine.

In the UK our coverage has to be several million. The figures are set by government we have no choice.

It can still be an issue!

One of the cars at work is valued at £16 million.

This is driven on a regular basis by a number of drivers.

Scott 03/13/2017.

If your insurance pays to repair your vehicle they will then go after the driver who is "100 at fault" (ever heard of % sign). They would likely collect $5000 from his insurance company and then sue him for the rest. Yes, your claim would be subject to your collision deductible. If you are clearly not at fault, your insurance probably won't increase.

Seriously, who carries only $5000 of liability coverage? That's just stupid.

Entidtil 03/13/2017.

Use your own collision insurance. You pay your company your deductible, they pay (in full) to repair your car and then they will go after the liable person for the entire bill and when/if they collect, your deductible will be returned to you. It doesn't matter that the other person only has $5,000. insurance. They are responsible for the entire amount. ($6,100. ). Your own insurance company will ask them to pay and if they don't, they will sue them.

when you have insurance.... USE IT !

Tj 03/13/2017.

Your company will cover you, you will get back your deductible when they get the money from the other Ins, co.

You will not be charged for this. It was parked and you have a police report to say so.