Who is liable?

Question

We live in the state of North Carolina. I was in a store and my vehicle was parked away from other vehicles. My vehicle was hit and the driver of the truck stated that he had passed out, my vehicle has approximately $6500.00 worth of damage. We both have the same insurance company. Who would be liable for the damages to my vehicle?

Answer 1

He is.  So your insurance company will have to pay for damages on both vehicles.

Answer 2

What kind of question is this?

He is responsible!  Make sure you have all of his information and report it to your insurance company, since it is the same company and a easily definable fault by the other guy then the process should be very quick.

Answer 3

He is liable.  But good luck.  Getting an insurance company to pay when both parties are insured by them can be like pulling teeth.  You have no one to go to bat for you in this case.  If there is a police report, you want a copy of it.  You want as much info as you can get in this case, because you're probably going to have to fight to get your car fixed.  If they drag their feet, they get substandard work done, they try to tell you you can't choose what shop to use, be ready with estimates and appraisals and be ready to sue them.  You may have to.

If a vehicle is legally parked and STAYS parked (like the brake doesn't come off or something), the owner isn't liable for any accidents involving that car.

Answer 4

He's at fault, yet when both are insured with the same company, they normally don't subrogate (collect) against themselves.  It works off your own policy without affecting it.  

Just report it to your policy and let them handle it.  Your vehicles parked & unattended, doesn't matter why he hit it...your a victim.

Answer 5

First.  I hope you called the police and your insurance company when this happened.  He is liable and you are lucky you both have the same insurance company.  It will greatly simplify things.  It will be charged to his policy, not yours.

Answer 6

The truck driver

Answer 7

The driver of the truck that hit you, is going to be liable for the damages.  

It's going to be easier, however, for you to put the claim in on your insurance policy, and let them go after this other guy.  I'd suggest there's a really good chance, if this guy passes out a lot, that either his policy was cancelled, or he's not covered under it.