What Happens When a Drunk Driver Hits Your Parked Car
The drunk driver's insurance should pay for your car, but you still need a police report and your own insurer to make that happen.
The other driver's liability coverage pays, if they have it
When a drunk driver hits your parked car, their liability insurance is supposed to cover the damage to your vehicle. You weren't driving, so fault isn't really in question here. The police report, often with a DUI charge attached, makes the claim about as clear as these things get.
The catch is that this only works if the other driver actually carries insurance and carries enough of it. Some drivers who are willing to drive drunk are also driving without insurance, or with only the state minimum. If that's the case, you may need to turn to your own policy instead, specifically the uninsured or underinsured motorist coverage or your collision coverage, if you have either.
Whether the other driver is insured changes everything
If the drunk driver has a valid insurance policy, you file a claim against their liability coverage and their insurer pays to repair or replace your car. This is the straightforward version, and it's worth asking their insurance company directly whether the policy was active at the time of the crash.
If they're uninsured, or their coverage isn't enough to cover the damage, you'll likely need to rely on your own policy. This is one of the main reasons uninsured motorist coverage and collision coverage exist. Check your own policy documents to see what you're carrying, since not every driver has both.
Either way, call your own insurer and report the accident even if you expect the other driver's insurance to pay. Your insurer can help confirm the other policy is valid, and if it turns out it isn't, you won't have lost time getting your own claim started.
Keep the police report, photos of the damage, and the other driver's insurance information together. You'll need all of it regardless of which policy ends up paying.
Using your own policy shouldn't raise your rate, but ask
A core piece of this situation is that you didn't cause the accident. Most insurers don't raise your premium for a claim where you weren't at fault, including a claim paid through your uninsured motorist coverage, since the point of that coverage is to protect you from exactly this situation.
Still, how an individual insurer treats a not-at-fault claim can vary, so ask your agent directly whether this particular claim could affect your renewal. Get the answer in writing or by email if you can.
If you end up filing through collision coverage instead because the other driver had no insurance at all, ask specifically how that type of claim is treated, since the rules for uninsured motorist claims and collision claims aren't always the same at every company.
The DUI charge against the other driver, if there is one, has no bearing on your own insurance history. It belongs to their record, not yours.
Questions people ask about this
Do I need to call the police if my parked car was hit?
Yes, you should file a police report whenever your parked car is damaged, especially if alcohol was involved. The report documents the other driver's condition and often leads to a citation, which supports your insurance claim. Without a report, you're relying only on witness accounts or security footage, if either exists.
What if the drunk driver leaves the scene?
This becomes a hit and run, and you should still file a police report right away. If the driver is later identified, their insurance can still be pursued. If they're never found, you'll likely need to rely on your own uninsured motorist or collision coverage, so check what you're carrying.
Will my insurance go up if someone else hits my parked car?
Generally no, since you weren't at fault and didn't cause the accident. Most insurers treat this differently from an at-fault claim. Confirm this with your own agent, since how it's recorded and whether it affects your renewal can depend on the insurer.
How long do I have to file a claim after my parked car is hit?
This depends on your state and your insurance policy, so check both. Some states set a deadline for filing a claim against another driver's insurance, and your own policy may have its own reporting window. Don't wait to find out which applies.
What if the drunk driver's insurance denies the claim?
You can still pursue the claim through your own uninsured or underinsured motorist coverage if the other insurer denies it or the driver turns out to be uninsured. Ask your insurer what documentation they need to process it this way. A denial from the other side isn't the end of the process.
See what it would cost to add or raise the coverage that protects you when the other driver can't pay.
Get a copy of the police report as soon as it's available, since you'll need it for any claim. Call your own insurer this week, even if you plan to file against the other driver's policy, and ask them to confirm the other driver's insurance is valid. Pull out your own policy and check whether you have uninsured motorist coverage or collision coverage, since you may need one of them. Take photos of the damage and keep the other driver's insurance information in one place. Ask your agent directly whether this claim could affect your rate at renewal, so you're not guessing later.
