Phoenix84
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Post by Phoenix84 on May 25, 2013 21:58:07 GMT -5
So, a couple of weeks ago I was at the supermarket after work purchasing groceries. As I was backing out I was struck by a lady driving a SUV who was also backing out.
Oirginally she seemed to admit fault and gave me her insurance information and phone number, but requested we not go through the insurance company. I said okay, I'll get a estimate and let you know how much it costs.
So the following week I get an estimate for $1100. I think the guy doing the estimate may have embellished a bit, but whatever. I called the lady up and and it costs $1100, do you still want to go through the insurance companies. She's now uncooperative and says that since we backed up the at the same time that no one is at fault. I am maintaining that she is at fault because her bumber struck my driver's side rear door. My mother was an auto insurance adjustor and says the only time it's no fault is if we back up and it's bumper to bumper.
She's clamming up and refusing to pay. So I'm planning on filing a claim with her insurance company, not mine. But before I do, do you guys concur that she's at fault if her bumper hit my side? Or is what she's saying true, and that since we were backing out at the same time no one is at fault?
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justme
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Post by justme on May 25, 2013 22:13:19 GMT -5
It may depend on the state, but considering the place she hit you you were already well into the backing up phase and she should have seen you.
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Deleted
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Post by Deleted on May 25, 2013 22:42:48 GMT -5
$1100 was more than she was ready for and could be more than she can spare. She's at fault, she hit you. But without a police report you might have a problem.
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kent
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Post by kent on May 25, 2013 23:16:33 GMT -5
Given you were BOTH backing up, don't be surprised to hear the term "contributory negligence."
In this type of case the insurance company says your were both at fault. They'll pay the claim.
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mollyanna58
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Post by mollyanna58 on May 26, 2013 1:55:49 GMT -5
That could mean that she was slowly backing out and you backed up at 50 mph. You can report the claim directly to her insurance company. They will call her and get her side of the story. My guess is that they will offer to pay a percentage of your damage. Good luck!
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zibazinski
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Post by zibazinski on May 26, 2013 5:49:22 GMT -5
Good luck getting police to ever show up to an accident. They get really pissed if you insist.
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toomuchreality
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Post by toomuchreality on May 26, 2013 6:11:24 GMT -5
I was driving in a parking lot... A man backed out and hit me... He admitted fault. But because it happened in a private parking lot, the police (who did come and investigate) did not state who was at fault. Although since he backed into the side of my car, they did issue him a ticket for failure to yield or improper lookout or something. Thus the insurance paid. No problem. Another time I was backing out, and my back bumper hit the front bumper of a truck that had come around the corner, in a parking lot. Again the police investigated. This time neither of us got a ticket. I asked the policeman to make note that the truck clearly had previous damage (several rusted dents). He did. Again, I didn't have a problem. The time I did have a bit of a problem, the girl in the lane left of me, changed lanes in to mine and hit me. She got the ticket. The problem was that she refused to answer when the insurance company called to get her side of the story. My car was not drivable, and I only had liability. Finally her insurance decided to go with what the police report said, and paid my claim. I think you have a good case. Have you taken pictures of the damage? GOOD LUCK!
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Deleted
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Post by Deleted on May 26, 2013 6:46:27 GMT -5
This happened to me once, we were both in each others blind spot. Each backing out to the left and swiped each other. They called it no or equal fault. I know insurances issued checks. I'm not sure which paid what?
I'd think an adjuster would have to look at each car. Call and report it to yours.
She might have had spouse, etc. telling her it wasn't her fault. It's easy to want to make it someone else's fault.
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happyscooter
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Post by happyscooter on May 26, 2013 6:52:06 GMT -5
Like toomuchreality, I also have been told that if it is in a parking lot, it isn't covered by ROAD rules. Please check.
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toomuchreality
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Post by toomuchreality on May 26, 2013 7:21:41 GMT -5
yep! Or someone telling her how stupid she was for admitting fault. That would be my guess.
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Shooby
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Post by Shooby on May 26, 2013 7:24:03 GMT -5
If you were both backing out, you BOTH had a responsibility to see what was behind you. So, in reality, i think you should just call your insurance company and let them figure it out. That is what they are paid to do.
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8 Bit WWBG
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Post by 8 Bit WWBG on May 26, 2013 8:42:30 GMT -5
...:::"That could mean that she was slowly backing out and you backed up at 50 mph.":::...
I always wondered about that -- like in basketball where a player tries to draw a foul.
Parking lots are scary places -- especially really competitive ones where the spaces aren't big enough for the monstrosities people park there. I almost clipped someone else when I was backing out from between giant SUVs. I guess this is why a lot of people back into spaces.
Good luck.
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swamp
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Post by swamp on May 26, 2013 8:47:56 GMT -5
It doesn't matter who is at fault. That's why we have no fault Insurnace. Whether or not you were at fault, your rates are still going to go up if you file a claim. Pay out of pocket to fix it and don't bother with the insurance co.
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Opti
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Post by Opti on May 26, 2013 9:22:47 GMT -5
That could mean that she was slowly backing out and you backed up at 50 mph. You can report the claim directly to her insurance company. They will call her and get her side of the story. My guess is that they will offer to pay a percentage of your damage. Good luck! That was my thought when I read what Phoenix's Mom said. I have noticed there are many people who back out very slowly and some like me are fairly quick. What wasn't in the post is that either one of them saw an imminent collision and were honking the horn. From what I've observed there are many people who once they check there is nothing behind them they don't look behind them again until their car is fully out of the parking spot. Because lets be honest, in the case of two people hitting each others back bumpers, in most cases they are backing straight out and not actually looking in that direction. Saw two women do this once with SUV's in a Trader Joe's parking lot. Phoenix may have been concentrating on what was behind his car missing the threats on the side of his car. Most of the time for safety reasons, I live in NJ, I look for anyone near me potentially backing out and any drivers roaming the aisles of the parking lot before I back up. If before I start backing out there is no one nearby in the driver's seat that can hit me my only threat should be someone looking for a parking space driving down the aisle. Every once in a while, if we are getting to our cars about the same time but they look like those painful slow back out people who often back fully straight out and turn, I try to start my car and back out and be gone before they are through all their pre-backout car stuff. I guess the only choice now is whether you contact your insurance or not. My guess is she will contact hers given the dollar amount is too high for her to pay out of pocket for yours. Did her vehicle sustain any damage?
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kent
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Post by kent on May 26, 2013 11:29:50 GMT -5
Isn't that the American way? Yep, I suspect that's highly likely. My ex bought a brand new Lexus and about two month later got rear ended by a young woman that said she had insurance - NOT! Anyway, the cost of repairs was around $20,000. Ex's insurance rates skyrocketed to $2,000 per year. Another good reason to have a back up camera. My wife's car has one that also "looks" to each side so it's easy to see someone approaching - love that thing!
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swamp
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Post by swamp on May 26, 2013 11:32:02 GMT -5
My vehicle was parked legally in a parking lot and got hit, and my rates went up!!
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alabamagal
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Post by alabamagal on May 26, 2013 12:17:28 GMT -5
I wouldn't report it to your insurance. I am assuming that it is in one of those diagonal parking lots (I hate those, it is easy for 2 people backing up to hit each other). Without a police report, it is just your word against the other driver. Then you have the time delay in reporting. I think the best case is that the insurance will pay for your damages, minus your deductible. Then your rates will go up.
You seem to think that the $1100 is high. It is probably because they thought insurance would pay. I would go back to several places and ask for their lowest estimate for paying out of pocket, you could get a much lower number for repair.
And I know that in my state, the police will not issue tickets for minor parking lot incidents on private property. My DS hit a car in a parking lot and the police were called. He was definitely at fault, but I was surprised he didn't get a ticket. Cop says because it was private property (a parking lot).
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Shooby
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Post by Shooby on May 26, 2013 12:19:49 GMT -5
If you aren't going to report things and get things fixed that are SUPPOSED to be covered under your auto policy, then what is the point of having it? I dunno. I always reported accidents.
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swamp
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Post by swamp on May 26, 2013 12:21:54 GMT -5
If you aren't going to report things and get things fixed that are SUPPOSED to be covered under your auto policy, then what is the point of having it? I dunno. I always reported accidents. Liability in case you hurt someone? Major damage? I have a $1,000 deductible on my car for collision. It's not worth the hassle and the subsequent rate increase to file the claim. Shit happens. That's what an EF is for.
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justme
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Post by justme on May 26, 2013 12:59:44 GMT -5
I wouldn't report it to your insurance. I am assuming that it is in one of those diagonal parking lots (I hate those, it is easy for 2 people backing up to hit each other). Without a police report, it is just your word against the other driver. Then you have the time delay in reporting. I think the best case is that the insurance will pay for your damages, minus your deductible. Then your rates will go up. You seem to think that the $1100 is high. It is probably because they thought insurance would pay. I would go back to several places and ask for their lowest estimate for paying out of pocket, you could get a much lower number for repair. And I know that in my state, the police will not issue tickets for minor parking lot incidents on private property. My DS hit a car in a parking lot and the police were called. He was definitely at fault, but I was surprised he didn't get a ticket. Cop says because it was private property (a parking lot). Yes to asking around. I went to one place that quoted $1200 and that was without paying for a rental. I went to another place (I think it was MAACO) and the guy asked if I was going through insurance. I said no unless it was an astronomical amount. The final price he quoted was $800 including rental, they could get me in the next day (first place had at least a week delay), and could get the work done in 2 days vs 5 days of the other place.
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Virgil Showlion
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Post by Virgil Showlion on May 26, 2013 14:57:50 GMT -5
My vehicle was parked legally in a parking lot and got hit, and my rates went up!! Yeah, but that's just because you parked crosswise in the middle of the I-90 while you ran into a Denny's.
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Shooby
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Post by Shooby on May 26, 2013 15:55:19 GMT -5
If you aren't going to report things and get things fixed that are SUPPOSED to be covered under your auto policy, then what is the point of having it? I dunno. I always reported accidents. Liability in case you hurt someone? Major damage? I have a $1,000 deductible on my car for collision. It's not worth the hassle and the subsequent rate increase to file the claim. Shit happens. That's what an EF is for. What hassle? Whenever we have had a problem, we call the insurance and they take care of it. It isn't a hassle. And, i have a high deductible but i am going to use my insurance for what it is meant to be for.
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moon/Laura
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Post by moon/Laura on May 26, 2013 16:37:38 GMT -5
I guess this is why a lot of people back into spaces. I try to always pull through to a front space so I don't have to back out, even if it means I walk a little further.
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Opti
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Post by Opti on May 26, 2013 17:12:54 GMT -5
I guess this is why a lot of people back into spaces. I try to always pull through to a front space so I don't have to back out, even if it means I walk a little further. I like to do this as well. Not always that helpful if when I return I have monster SUVs or trucks parked on both sides of me.
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constanz22
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Post by constanz22 on May 26, 2013 18:35:24 GMT -5
Check the small print in your policy. It will tell you the $$ threshold for a chargeable accident. If your repairs are under that amount, your rates will not go up. I clipped a cement pole in a clients parking area a couple years ago. I was looking at the large dumpster behind me and trying not to hit that and ended up smashing the passenger front corner pretty good. Took about two hours to get the sherriff there to write a report cuz I had to have one for work since I was on work time. (I felt that work should've paid my insurance deductible since I have to use my own car for work, but they wouldn't), ANYWAY, I called insurance, they talked me into using one of their preferred shops, and had the car picked up at my house, blah, blah, blah. Well, big surprise, the cost of repair was like $1500 and I later read my policy closely and saw the $$ threshold was like $1350. Yeah, not cool...and they jacked my rates like triple. Never had an accident, ever....I didn't even get my rate jacked when I had a total loss of a vehicle in a flood. So, read the small print and if you stay under the chargeable accident amount, you should be ok turning it in to insurance.
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CarolinaKat
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Post by CarolinaKat on May 26, 2013 21:05:07 GMT -5
My vehicle was parked legally in a parking lot and got hit, and my rates went up!! A Deer landed on the roof of my car (didn't touch the hood or fenders) and almost killed me. Despite it being a not-at-fault accident, my rates went up.
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muttleynfelix
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Post by muttleynfelix on May 27, 2013 11:58:31 GMT -5
This has nothing to do with the OP, but if you guys have high deductibles, you might check your rates. It was less than $10 a month difference between $250 deductible and a $1000 deductible for collision when I got insurance on my new (to me) car.
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Deleted
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Post by Deleted on May 27, 2013 16:47:28 GMT -5
My vehicle was parked legally in a parking lot and got hit, and my rates went up!! wow....I had an at-fault accident and my rates DIDN'T go up.
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toomuchreality
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Post by toomuchreality on May 27, 2013 17:01:38 GMT -5
It's true... I have made claims without my insurance going up, and they weren't for a minor amount either. -I guess whether it's minor or not could be debatable. But it was more than a few hundred dollars. More like a few thousand. As muttleynfelix has suggested, a few years ago I checked on the cost to lower my deductible from $500 to $100. The difference was minimal, so I changed it. For me it's easier to come up with a few dollars every month, than it is to come up with a large amount all at once. I'm horrible at saving $$$! (although I do realize from an investment point of view, that would be better) CarolinaKat- How on earth did a deer land on the roof of your car? I'm glad you are/were okay! Any new news about your situation Phoenix? I keep hoping you'll get a call and everything will be taken care of. If a report is made to just the other parties insurance, isn't your insurance notified? Don't they call and inform yours? Or does that just depend on the situation?
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Opti
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Post by Opti on May 27, 2013 17:08:51 GMT -5
If you were both backing out at the same speed, she would be at fault. NJ is a no fault state and I wouldn't be surprised here if fault wasn't assigned to her or assigned to you both. Also, being a no fault state if I was in a similar situation her insurance company would contact mine and my rates might go up. My limited experience with no fault insurance is it is setup so fault doesn't have to be assigned. Usually only the more expensive accidents that occur on the roadway where a cop assigns fault usually get charged to one company or the other.
Personally I wouldn't assign fault without actually watching the accident unfold. I've noticed there's a significant variance on how quickly people back up. Is your state one that always assigns fault in accidents?
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