Proving Car Was Parked After Hit and Run

[elsa1]

My car was hit by another car(i do not know for sure), while parked at the shopping parking.
Insurance company believes that my vehicle was not parked but was in motion when the damage occurred.
I am the only one driving the car and I 100% know that my car was parked.
Can someone please help me on how I can prove to Insurance company that my car was parked?


Thank you for your help.

 

[chroot]

Your insurance company may be able to obtain security camera footage of the parking lot. Also, if you have a receipt for the store, you can at prove that you were parked at the store at a specific time, though you cannot necessarily prove that your car was hit at that time.

Why does the insurance company believe the car was in motion?

It shouldn't really make any difference, anyway -- either situation would fall under your collision coverage, and since there's no other driver, you'll end up having to pay your deductible either way.

- Warren

 

[elsa1]

Yes the deduction does not make difference, but my insurance would go up.

I do not know how the insurance company came to this conclusion.

I am just trying to prove to them that it is not possible to know for sure that my car was in motion when the damage occurred.

 

[chroot]

Well, we here on the PF know less than you about the situation, and you know less than the insurance company... so I don't know how we can help. I would start by asking the insurance company how they reached their conclusion.

- Warren

 

[elsa1]

Warren,
Thanks for your fast reply.
I remember from my high school physics that when an object in motion hits a stable object it would not be possible to estimate which object is moving and which one was stable.
It has to do something with Newton's law.

I am hoping that someone can get me scientific explanation. i am going to small claim court next month.

Thanks again.

 

[diazona]

This is not the place to be looking for expert testimony

It's actually the principle of relativity (as in Einstein's) that says that you can't tell which of two objects in a collision was moving and which (if either) was still. But that is really supposed to apply to objects moving in empty space. With cars, it's pretty easy to distinguish them: a "moving" car is one that's moving relative to the ground and that has its wheels rotating, whereas a parked car is not moving relative to the ground and its wheels are still.

There may be telltale signs that indicate whether the car was moving or not. I don't know what they are (if they exist), but there are probably trained accident investigators who do. Perhaps your lawyer (I'm assuming you have a lawyer, as you're going to court) can help you track down an appropriate expert.

 

[Danger]

Again, (3rd time this year) I have to point out that only a professional accident reconstructionist can testify in court on your behalf. If you have a newer model car, though, there might be a 'black box', associated with the airbag circuit, which holds a memory of the 30 seconds or so preceding the collision. It will have a record of the speed, engine rpm's, throttle position, brake position, etc.. If you have one, case closed.

 

[Phrak]

Yes the deduction does not make difference, but my insurance would go up.

Threaten to take your business somewhere else.
If they stick to their story, fire your insurance company.
If they change their minds, fire your insurance company anyway.

 

[elsa1]

Phrak,

I leave in Manitoba Canada, we have only one insurance company-Manitoba Public Insurance.

 

[elsa1]

Danger,
Yes I do have black box and it does not help.
Thanks for your reply!

 

[elsa1]

Diazona,
Thanks a lot for your reply!
At least now I know where to start!

 

[Danger]

Yes I do have black box and it does not help.

Bummer. Anyhow, hi to a fellow Canuk. I'm near Calgary.