New to forum.....need some advice! My car was hit!

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Old 04-30-2008, 01:59 PM
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New to forum.....need some advice! My car was hit!

Hey y'all,

It's my first time posting on here, but I've been reading these forums for a while. I have a black 03 TL and I love my car!! Yesterday, in the grocery store parking lot, I was backing up SLOWLY and I saw a white BMW backing up so I stopped and tried to put my car in drive to pull forward before it hit me, but too late....I didn't even have time to honk my horn!

I got out of my car and she got out of hers, there were black scratches (which appeared to be from my bumper) on her bumper, but she claimed those were already there. Now I have scratches and a medium size paint chip on my bumper...I'm pissed because I had no scratches or anything on my car, the body and pain was perfect!

My question is...what should I do now? She apologized and expressed that she didn't want to involve insurance....although it was her fault, I was going to exchange my insurance with her, but she was only willing to give me her name, address, and phone number....so I gave her the same information for me (but not my insurance). I did get her license plate though. She claimed her husband was in the car business and would know somone who could "buff that out." She asked me to call her last night, but I haven't call yet, as I wanted to look into the matter more first.

Does anyone on here have any advice for me? I did not accept fault for this, because I was STOPPED when she backed into me!! Even though we were both backing out of our parking spaces in the lot.

Any advice/info would be greatly appreaciated. Thanks!
Old 04-30-2008, 02:04 PM
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police report?
Old 04-30-2008, 02:05 PM
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It won't matter who was at "fault" anyway. It happened in a parking lot which is private property, and therefore police cannot get involved (other than as a mediator). Your only recourse is her insurance company, or cash. Go get an estimate and then ask her to pay up, if she won't, file a civil suit with the local court.
Old 04-30-2008, 02:05 PM
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get an estimate from the shop, call her and show her the estimate and if she doesnt wanna pay, go to the cops and say it was a hit and run and you got her plates. BAM. then she is in more shit then just paying for it in the first place haha
Old 04-30-2008, 02:29 PM
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Yeah, and him filing a false report won't cause him any proplems or anything.

There are ways to take care of it legally, no need to break the law to get the bumper resprayed.
Old 04-30-2008, 03:22 PM
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I would be careful if you file a hit and run, you left the scene as well. I would call her, speak to her husband and determine what they are able to offer.

You'll likely be able to paint the bumper 4-500, if it needs to be replaced, maybe a little more.
Old 04-30-2008, 03:36 PM
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Yes, call her and see what they can do as far as buffing/repainting the bumper. If they deny to do anything, then you will have to pay out of your own pocket. So it pays to be nice to her because legally there is nothing you can do. You should have INSISTED on her insurance and if she didn't give it to you then call the cops. If she leaves you can file a hit and run. Luckily it was just the bumper so if you do have to pay it should run about $300 to re-paint it.
Old 04-30-2008, 03:50 PM
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Thanks to all of your for replying. No, there was no police report. I live in Oregon so I'm looking into the state laws to see who would be at fault. I think since my car was stopped and she backed into me, she should be at fault. But, since it was in a parking lot, it's a sticky situation.

I did just call her and she said she talked to her husband and looked up that the law says if two cars back into each other in a parking lot, it's a no fault accident.

I don't know about filing a hit and run since she did give me her correct contact information, just not her insurance info. I could file a police report, or a DMV accident report though. I'm going to keep looking up to see if I can find that law she claims she found online at Oregon DMV's website, but if anyone knows anything about the laws in Oregon...please fill me in. I'm definately going to get an estimate on the damage.

Thanks again!

Christa
Old 04-30-2008, 04:22 PM
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i had my rear bumper repainted after an incident for 340 and they did a nice job on it, hope you get yours fixed too.
Old 04-30-2008, 04:25 PM
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Sounds to me like she's going to try and get out of fixing your car.....
Old 04-30-2008, 04:30 PM
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Originally Posted by ChristaKB
I did just call her and she said she talked to her husband and looked up that the law says if two cars back into each other in a parking lot, it's a no fault accident.
He's absolutely correct. You were both backing out of the spots. No fault. You pay for yours, she pays for hers. Don't waste your time chasing a claim. You can say you were stopped till the cows come home, bottom line, you were partially pulled out of the spot. If she hit you while you were completely in your spot, that's a different story.
Old 04-30-2008, 04:32 PM
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From someone formerly in the auto biz:
Go to 2 body shops TODAY and get estimates- there could be damage under the skin you dont know about, that a shop would.
Wouldn't give you her insurance info!! means she was driving without insurance- isnt that required where you live? The LAW says you must provide the other driver lic info and insurance. Not your phone number!~!!!-
let the insurance sort it out- thats what you pay for
CALL your insurance agent- you dont have to file a claim to ask a question about deductible.
Cops can take a report anywhere they are called too- especially if you say the other driver is refusing to provide insurance info- thats technically hit and run... since she has already stated intent of her husband will get it fixed at the shop.
States vary, but most require a report to dmv within xx days if over 500 or 1000 in damage cost for both cars.
I doubt the dmv website says anything about ~fault in a parking lot~
If you were in motion first- you had right of way
Husband in the car biz- yeah shyster used car dealer husband is going to buff your bumper out. It was probabably a car off the lot and there was no insurance on it!
do your research, and the only place that cannot work on the car is her husbands buddies
You will not get repaired- just brushed off
Believe NOTHING she says as this is not the first time it has happened to her- you can bet-
Old 04-30-2008, 04:36 PM
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i had my rear bumper repainted after an incident for 340 and they did a nice job on it, hope you get yours fixed too.
Old 04-30-2008, 04:40 PM
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when I was a young teen pedaling my bike down the street, when one car turns in front of me- as I dodge that, and another stops suddenly and parks in a red zone-!!!!
no parking- in red zones maam! in front of an insurance agency no less-
I went flying over the stopped car and landed in the street.
The lady gave name and address and split- I got the license plate number, made a police report and they called her.
EX husband claims she left months ago and has no idea where she is staying now.

Classified it felony hit and run-- for providing false information and failing to provide insurance info in an injury accident.
Old 04-30-2008, 05:12 PM
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Originally Posted by 01tl4tl
when I was a young teen pedaling my bike down the street, when one car turns in front of me- as I dodge that, and another stops suddenly and parks in a red zone-!!!!
no parking- in red zones maam! in front of an insurance agency no less-
I went flying over the stopped car and landed in the street.
The lady gave name and address and split- I got the license plate number, made a police report and they called her.
EX husband claims she left months ago and has no idea where she is staying now.

Classified it felony hit and run-- for providing false information and failing to provide insurance info in an injury accident.

Oh Wow! I hope you didn't get injured too badly. Some people just have no morals at all. They only care about themselves. What a loser....I hope the police found that lady and took her to jail. I'm in Portland, OR and one thing you have to learn here is how to share the roads with bicyclists and watch where you are going!!
Old 04-30-2008, 05:16 PM
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Originally Posted by co1063
i had my rear bumper repainted after an incident for 340 and they did a nice job on it, hope you get yours fixed too.

Thanks for your reply. Yeah, I know someone who could probably repair this damage for even less than that, but I shouldn't have to pay anything when this lady was backing out of her space way too fast and came all the way over to the other side and hit my car!! Not to mention, I saw her backing up and stopped my car completely! I already had to pay $300 on my deductible last year because someone hit me in a Fred Meyer parking lot and didn't leave a note. I filed a police report that time though. But, s*** happens, ya know.
Old 04-30-2008, 05:22 PM
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Originally Posted by 01tl4tl
From someone formerly in the auto biz:
Go to 2 body shops TODAY and get estimates- there could be damage under the skin you dont know about, that a shop would.
Wouldn't give you her insurance info!! means she was driving without insurance- isnt that required where you live? The LAW says you must provide the other driver lic info and insurance. Not your phone number!~!!!-
let the insurance sort it out- thats what you pay for
CALL your insurance agent- you dont have to file a claim to ask a question about deductible.
Cops can take a report anywhere they are called too- especially if you say the other driver is refusing to provide insurance info- thats technically hit and run... since she has already stated intent of her husband will get it fixed at the shop.
States vary, but most require a report to dmv within xx days if over 500 or 1000 in damage cost for both cars.
I doubt the dmv website says anything about ~fault in a parking lot~
If you were in motion first- you had right of way
Husband in the car biz- yeah shyster used car dealer husband is going to buff your bumper out. It was probabably a car off the lot and there was no insurance on it!
do your research, and the only place that cannot work on the car is her husbands buddies
You will not get repaired- just brushed off
Believe NOTHING she says as this is not the first time it has happened to her- you can bet-
Thanks! Your advice is very helpul. I'm definately going to get at least 2 estimates and calling my insurance company to ask some questions. And you are right, the dmv website does not offer any information on "fault" in parking lots or on the road (at least not that I could find). So she is lying if she says she found that law on their website! All I could find is their requirements for filing an accident report, and here in OR it's if there are injuries or the damage is perceived to be over $1500. Trust me, I'm not letting anyone she or her husband knows fix my car....I know a good mechanic myself, a friend of mine who fixes wrecked Mercedes for a living and sells them, does nice work, so I'll have him fix it before someone I don't even know or trust!!! She claimed the damage to her car was already there from when her sons drove her car, but that was probably another lie. Seems to me like this lady just doesn't know how to drive! Bad drivers.....seems to be the trend here in pdx!!
Old 04-30-2008, 05:25 PM
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Originally Posted by NSXNEXT
He's absolutely correct. You were both backing out of the spots. No fault. You pay for yours, she pays for hers. Don't waste your time chasing a claim. You can say you were stopped till the cows come home, bottom line, you were partially pulled out of the spot. If she hit you while you were completely in your spot, that's a different story.
Oh that's not what I wanted to hear....I sure hope you are wrong, but it's hard to tell. I think different states have different laws on that, but I hope it's not the case. From now on, I'll try to park on the street whenever possible. Thanks for your response
Old 04-30-2008, 05:56 PM
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oregon is nothing when you compare it to davis. my college town is biker friendly. so friendly that it even shares the road with bikers, and the regular signals even respond to the biker's presence

http://daviswiki.org/Bike_Signal

Originally Posted by ChristaKB
Oh Wow! I hope you didn't get injured too badly. Some people just have no morals at all. They only care about themselves. What a loser....I hope the police found that lady and took her to jail. I'm in Portland, OR and one thing you have to learn here is how to share the roads with bicyclists and watch where you are going!!
Old 04-30-2008, 06:07 PM
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Originally Posted by heyitsvu
oregon is nothing when you compare it to davis. my college town is biker friendly. so friendly that it even shares the road with bikers, and the regular signals even respond to the biker's presence

http://daviswiki.org/Bike_Signal
Oh, that's cool y'all have bike signals! We have bike lanes here and we share our roads with bikes too, which I didn't think was too common in other cities/towns. But, we should get those signals for bikes so they have something to follow. I swear some of the bicyclists drive crazy too, they run red lights and four-way stops all the time!
Old 04-30-2008, 06:18 PM
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Originally Posted by ChristaKB
Thanks to all of your for replying. No, there was no police report. I live in Oregon so I'm looking into the state laws to see who would be at fault. I think since my car was stopped and she backed into me, she should be at fault. But, since it was in a parking lot, it's a sticky situation.

I did just call her and she said she talked to her husband and looked up that the law says if two cars back into each other in a parking lot, it's a no fault accident.
I don't know about filing a hit and run since she did give me her correct contact information, just not her insurance info. I could file a police report, or a DMV accident report though. I'm going to keep looking up to see if I can find that law she claims she found online at Oregon DMV's website, but if anyone knows anything about the laws in Oregon...please fill me in. I'm definately going to get an estimate on the damage.

Thanks again!

Christa
like you said, SHE backed into YOU, since you were stopped when you were hit. I don't think that where it happened should matter, since you were not moving.

talk to her again, tell her technically she's at fault, and then give the two estimates.

whatever you do, do NOT go to a shop recommended by them. For one, if they pay for the repairs, they are going to go to the cheapest shop there is, and you'll come out with a car that was once immaculate, but now with a horrible paint matching job. If they refuse after that, tell them (not threaten) you will need their insurance info and you will be filing a police report.
Old 04-30-2008, 06:35 PM
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Originally Posted by Fyre Man
like you said, SHE backed into YOU, since you were stopped when you were hit. I don't think that where it happened should matter, since you were not moving.

talk to her again, tell her technically she's at fault, and then give the two estimates.

whatever you do, do NOT go to a shop recommended by them. For one, if they pay for the repairs, they are going to go to the cheapest shop there is, and you'll come out with a car that was once immaculate, but now with a horrible paint matching job. If they refuse after that, tell them (not threaten) you will need their insurance info and you will be filing a police report.
Thank you! I am going to get my own estimates today, and I do believe it was her fault since we were both backing out of a space and I saw her and stopped but she kept backing up and hit my car! Then she told me she didn't see me because it was raining. It's Oregon for crying out loud learn how to drive in the rain!!!
I'm leaving now to get my estimates. I'll check back on here tomorrow. Have a great evening everyone and thanks again for your comments!
Old 04-30-2008, 07:15 PM
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Originally Posted by ChristaKB
Hey y'all,

It's my first time posting on here, but I've been reading these forums for a while. I have a black 03 TL and I love my car!! Yesterday, in the grocery store parking lot, I was backing up SLOWLY and I saw a white BMW backing up so I stopped and tried to put my car in drive to pull forward before it hit me, but too late....I didn't even have time to honk my horn!

I got out of my car and she got out of hers, there were black scratches (which appeared to be from my bumper) on her bumper, but she claimed those were already there. Now I have scratches and a medium size paint chip on my bumper...I'm pissed because I had no scratches or anything on my car, the body and pain was perfect!

My question is...what should I do now? She apologized and expressed that she didn't want to involve insurance....although it was her fault, I was going to exchange my insurance with her, but she was only willing to give me her name, address, and phone number....so I gave her the same information for me (but not my insurance). I did get her license plate though. She claimed her husband was in the car business and would know somone who could "buff that out." She asked me to call her last night, but I haven't call yet, as I wanted to look into the matter more first.

Does anyone on here have any advice for me? I did not accept fault for this, because I was STOPPED when she backed into me!! Even though we were both backing out of our parking spaces in the lot.

Any advice/info would be greatly appreaciated. Thanks!
Just run it to the best Auto Body you can find ,and get it fixed !!....Just remember one thing "YOUNG GRASSHOPPER" nice guy's fininsh last!....and sad to say it's gonna end up costing you!...next time call the POLICE !!!!....a woman rear-end my wife's Civic once, when she left it at the grocery store and bashed it all up!..she got lucky , the woman left a note and insurance info etc...on the window...needless to say , my wife is a graduate of the "SCHOOL OF HARD KNOCK'S!..........good luck Brother-Man
Old 04-30-2008, 07:17 PM
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um..is it just me, or does Christa sound like a female name?
Old 04-30-2008, 07:33 PM
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Originally Posted by Fyre Man
um..is it just me, or does Christa sound like a female name?
your right Fyre Man ,my Bad!!!!!....Sorry christa
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