Hit-and-Run Driver Responsible for Property Damage Claim
August 29, 2011
A hit-and- run driver hit a car, which in turn was pushed into a building. The building and the personal property inside were damaged. The car was covered by uninsured motorists insurance, and the insurance company is paying for the car. However, the auto insurer will not pay for the building and personal property damage, stating that “as the driver was not in the car at the time of the accident and therefore we [the insurer] are not liable, the hit-and-run driver is.” The car caused the direct physical damage to the building, the hit-and-run driver did not hit or even touch the building. Wouldn't the car insurance be responsible for the damages as the car hit the building, not withstanding it was unoccupied?
Illinois Subscriber
The auto insurance would not be responsible for the damage. Yes, the car hit the building, but it was the hit-and-run driver who caused the damage. The car was unoccupied. Replace the parked car with a tree or a mailbox, and it is easier to see that the hit-and-run driver caused the damage. The car was just an object pushed into the building as a result of the hit-and-run driver's actions.
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