January 28, 2019

We are searching for a coverage answer under the insured's policy. On the date of the loss Ms. D was a passenger in the insured's car. The car was parked and she was alone in the car in the front driver seat. There were gunshots heard in the area, a car came around the corner in the parking lot and hit the car that Ms. D was sitting in and left the scene. This was initially reported as a hit and run. The driver of the car that hit insured's car later came forward to the police.

The driver of the car that hit the insured's car was the victim of an attempted carjacking; the two carjackers had handguns and shot at the driver of the car that hit the insured's car as he was fleeing the scene. The driver of the car that hit insured's car does have insurance coverage for the loss date. It appears the driver's negligence of the car that hit the insured's car would not be an uninsured motorist claim. The driver's carrier of the car that hit insured's car is pending acceptance of coverage and/or liability.

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