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Hit-and-run in a parking lot, driver's employer has zero insurance — what now?

Still kind of in shock over how this played out and could really use some perspective from people who've dealt with something similar.

About three weeks ago I was grocery shopping and came back to find a dent and scrape along the rear quarter panel of my car. No note, nothing. Fortunately a woman who was loading her trunk nearby told me she saw the whole thing — a guy in a van with a company logo on the side clipped me pulling out, got out, looked at the damage, and just drove off. She even got a partial plate for me.

I filed a police report that same day and gave them her contact info as a witness. After some back-and-forth the responding officer was able to trace the van to a local landscaping company. So far so good, right?

Here's where it gets wild. My insurance rep called me yesterday and said that when they reached out to the landscaping company to file against their commercial auto policy — there isn't one. Apparently the company has been operating vehicles with zero commercial coverage. The driver himself also seems to have only the bare minimum personal policy, which his insurer is already arguing doesn't apply because he was driving a work vehicle on company time.

I do carry uninsured motorist coverage on my own policy, which my rep says will likely kick in here. But I'm nervous about a few things:

  • Will filing through my own UM coverage actually raise my rates even though I did nothing wrong?
  • Is the company itself liable in some way even without insurance?
  • Should I be talking to a lawyer before I let my insurance take over completely?

I have a witness, a police report, and photos. I feel like I have a solid case but I have no idea who to actually go after. Any advice from people who've been through something like this would mean a lot.

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9 replies

  • 11
    mellow-heron-703

    Almost the exact same thing happened to me — uninsured work van, hit me at a stoplight, company claimed the driver 'wasn't on the clock.' My UM coverage ended up being my saving grace. The process was annoying but it did work. Definitely document every single conversation you have with your own insurer from here on out.

    • 8
      quick-wren-772

      Watch out — even when you're using your own UM coverage, your adjuster is still working for the insurance company, not for you. They may try to lowball the repair estimate or drag their feet hoping you'll just accept whatever they offer first. Get your own independent repair estimate before you agree to anything.

    • 14
      quiet-tern-406

      Quick question — did the police report actually name the driver and confirm he was acting in the course of employment at the time? That detail matters a lot for going after the company. If the report is vague on that, the landscaping business might try to claim he was running a personal errand and distance themselves from the whole thing.

  • 15
    daring-grouse-480

    I used to work claims for a mid-sized carrier and I can tell you that UM claims where a commercial vehicle is involved get complicated fast. The insurer for the driver personally will absolutely try to dodge it by arguing the vehicle was being used for business purposes. Meanwhile your own UM carrier may try to subrogate against the landscaping company directly — which is actually good for you because it takes some pressure off your side. That said, get everything in writing. Every single thing.

    • 12
      careful-marmot-163

      The company being uninsured doesn't necessarily mean they're off the hook legally — it might actually mean they're more exposed. An employer can be held liable for an employee's actions while that employee is on the job under a legal concept called respondeat superior. Whether that's worth pursuing depends on whether the company has any actual assets to go after. A personal injury attorney could do a quick assets check before you decide if it's worth suing the business directly. Most do free consultations so there's no harm in asking.

  • 9
    gentle-tern-291

    Not legal advice, but I'd strongly suggest talking to a PI attorney before you sign anything with your own insurer or accept any settlement figure. You may have claims against the driver personally, the company, and potentially through your own UM policy — and those can sometimes overlap in ways that affect the total you can recover. An attorney can help you figure out the right order of operations. Most won't charge you unless they recover something.

  • 8
    bright-fox-710

    Short answer: yes, talk to a lawyer before you let your insurance 'handle it.' Once you sign a release you're done, full stop. You have a witness and a police report — that's actually a strong position. Don't give it away by rushing.

  • 2
    mellow-badger-554

    This is so frustrating to read, I'm sorry you're dealing with it. You did everything right — filed the report immediately, got witness info, have photos — and you're still getting jerked around because some company couldn't be bothered to carry proper insurance. Really hope you get this sorted out.

  • 9
    sharp-wren-247

    I know your post is mostly about the vehicle damage but — were you in the car at the time or is this purely property damage? Even a low-speed parking lot impact can cause soft tissue stuff if you were inside. Just mentioning it because if you feel any neck or back stiffness in the next few days, get checked out. Sometimes symptoms don't show up right away and you want that documented if it turns into something.