Parked car damaged, but denied insurance
1 Parked car damaged, but denied insurance on Fri Dec 09, 2011 1:06 am
2 Re: Parked car damaged, but denied insurance on Sat Dec 10, 2011 11:53 am
being a driver myself, i have been always an advocate that this should be interpreted as moving violations, or the violation should be the directly or proximately cause the accident.
sadly, the supreme court does not agree with me and there are decisions in collisions where one of the parties had an expired license, therefore the presumption was made to apply. i believe this is what the insurance company is trying to use to shield themselves from liability.
note, this is a legal presumption which can be rebutted with evidence. Your recourse now is to claim directly with the other vehicle's owner or driver. you can file a reckless imprudence case, and let the other side deal with their insurance.
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