Is my neighbors homeowners policy responsible for their drunken guests hitting my car?

Question

Our neighbors had a party last night and this morning, my car has a dent in the side and I can't even open the driver side door. They neighbor won't own up to it, just says that "maybe someone at their party got drunk and hit it without realizing it." Is their homeowner's policy's liability responsible for this? Or if they are renter's, is their landlord? I can't get anyone to confess to get auto insurance information. But the way it was parked, they are the only possible culprit. Any advice?

Answer 1

yes

Answer 2

You have to prove that your neighbor was negligent before their homeowner's coverage would consider payment.  I do not think you can establish negligence if you do not know if the person who struck your vehicle was even intoxicated.    The landlord is definitely not involved.

Answer 3

No to all of your questions.

The correct procedure is to file a claim with YOUR auto insurance company.  They may (or may not) decide to sue someone or just to pay you.

Answer 4

yes they are liable

however, more than likely you will have to take it to small claims.

Answer 5

Homeowners won't cover anything that can (is) insured on it's own.  You will have to use your insurance to fix your car.

Answer 6

I doubt they'd be liable since you can't prove that it was someone from their party who did the damage.

Answer 7

If you have no evidence or confession, you do NOT have a case. Its your word against your neighbors. You can make note to the landlord of the place or the homeowners association of the disturbances that occur in the neighborhood. Maybe over time, with enough complaints, they could get evivcted, or some type of punishment..Depending if they rent or own. My advice, if they are young, nieve kids, think ouside the box, They are gullable and will believe anything, warn them that you have notified the police and anther fellow neighbor saw the wreck...Make them think they are going to get caught...Try to squeeze it out of them...Think of a good con story. And in the mean time, you have got to beef up your security! d**n teenagers!

Answer 8

Of course not.  There isn't any proof, only conjecture, and that will never get any kind of claim paid, and it won't get you any judgement in court, either.  Report it to the police and your insurance as a hit and run, because that is what it is.

Answer 9

First of all, get the police involved by making a police report and ask at the same time. Chances are this is for your insurance company to decide where to get there money from.

the police probably can't do much except for take the report as you don't have any witnesses (unless you do).

Small claims would be your next choice, however again very tough to provevbeyond a reasonable doubt about who/what/where etc! In this case, you would have to take your neighbor to court and I don't know how or if that would be worth it.

Answer 10

Call the police and your insurance co. and let them handle it.

Answer 11

I am not a lawyer, but I think that unless you can prove negligence  on their part you won't be able to get their insurance company to pay.  It may have to be your own insurance that covers the damage unless you can find out who actually did the damage.