Parking lot car damage

by Diane

My daughter was parked near the entrance at a movie theater under a parking light.

There are surveillence cameras for the parking lot. There is also a police officer there every weekend because there are alot of teenagers.

Someone broke our car window. After viewing the tapes, they can see the car, but not who damaged it. They have denied the claim saying it was not their fault, it is the fault of the unidentified person. Why then, do they have insurance coverage?

Answer:

Hi Diane,

I am not really following your question. I guess is, who's insurance company are you dealing with?

It would appear that are talking about the movie theater's insurance and not your own. If that is the case, then you would have to look at the actual parking lot. Is is a secure parking lot? Do you pay any money to park there?

is there an expectation of protection? or is it an open lot with a lot of teenagers there?

They would have to be at fault before they are liable (and their insurance company has to pay). To but at fault they have to have a duty to you (duty to make sure your car is safe), and that duty has to be breached. It would be questionable whether they had that duty or no.

Their insurance policy is supposed to cover THEM against things they do that is their fault (their negligence). Something like a theft is the fault of the thief, and not the movie theater, unless it was a movie theater employee, or the movie theater was taking care of you car.

You can always try your auto policy. If you have comprehensive coverage, you probably do not have to prove fault or negligence.

Good Luck
http://www.auto-insurance-claim-advice.com