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Parked car damaged, but denied insurance

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1 Parked car damaged, but denied insurance on Fri Dec 09, 2011 1:06 am


Arresto Menor
My parked car inside a mall was hit by another car. The insurance company of the other car denied my claim when they noticed in the police report that my driver's license was expired for more than a month during the incident. Do i lose my claim on the damages done on my car? Yes, my honest mistake that my lioense was already expired. But the fact is my car was parked when it was hit by another car, while I was having my groceries inside the mall then. Hoping for an advice. Thank you.

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2 Re: Parked car damaged, but denied insurance on Sat Dec 10, 2011 11:53 am


there's a provision in law which states that in car accidents, the one violating a traffic law is presumed to be the one at fault.

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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