HJIN25

i was in a parking lot and started pulling out, maybe a foot or so, and saw a guy reversing, so i stopped and waited him to clear, but apparently he hit my rear bumper and dented trunk lid...

i got out, and we exchanged info's, and asked him if he wants to pay for the damage or go through the court, he said he'll rather go through court..


now, is there any possibility ill lose? or even pay 50/50?
any chance of claiming bodily injury? well, forget that, i just want him to pay for the damage, but i've heard there are good chances, it will be 50/50...

anyone with this type of knwoledge?>??

Novice

I wonder you should've called the police.

Yoda117

We really need an official thread on accident claims here... I'm getting tired of rewriting this stuff:

1) Call the police... ALWAYS CALL THE POLICE WHEN YOU GET HIT!!! Yeah, it sucks that you have to wait for them, but they can usually cut through the bs and put in their notes who did what and how the accident occurred. Having that record comes in damn handy if you have to go through an insurance company.

2) Okay, you have to go to court? What about the guy's insurance company? If he didn't provide you with proof of insurance when you exchanged info, then you most definately needed to call the police (screw this whole nice guy thing... if they can't follow the rules let the cops write them an extra ticket, besides you are protecting yourself).

3) If there isn't any bodily injury then don't claim any... there are enough nonsense lawsuits out there and it just hurts your credibility. If there is an injury, then you should have it documented with a doctor within 24 hours or sooner if possible.

4) What make and model was his vehicle? Some of the newer ones are able to record certain aspects of a vehicle whenever crash sensors go off, even in cases such as this. You'd be amazed what happens to people's stories once they find out that their car can tell the cops what speed, gear, steering and brake info is related to the accident.

5) Call your ins. agent (the actual agent, not the 800 number) and let them know that there might be an issue with this guy not paying, and tell them the details... be honest, because they can usually find a way to help you prove your case (at least mine does with my family).

Good luck!

Acuraluvr

iTrader: (2)

i think.... lol jkjk really do agree, seems logical

ONAGER

i dont know how other states laws are, but i just helped my friend alex while he was going thru the academy and now hes getting picked up with the tampa police dept. anyway back to the point in a stores parking lot such as this one its private property and the cop technically cant write a ticket. he can file an accident report ( name and info exchange is basically it). most wont want to file unless injuries are present. and even still he cant place blame.

how much was the damage for? did you find any witnesses? talk with your insurance company there your best bet

producrdel

Best bet is always get a police report and notify your insurance company. there is no way of claiming personal injury if it is not documented. I have had an experience in which my old car was hit while parked in the parking lot and the persons license plate who did it was left on my windshield by some nice person. Their insurance totally covered it.

04AcuraTL

idk how it is in CA, but in NY we have no fault insurance manditory...as long as u have full coverage ur insurance will cover if his doesnt...but u shoulda called the police, u might still have 10 days to get a report made...in NY they give 10 days from time of incident...good luck

Yoda117

onager, having a bit more experience in this field trust me when I say this:

If you call them... they will come. I've gotten one attitude about it in my life and he still did the report (just to cover his own behind)

Additionally, they will be able to take the appropriate information, and if it's out of date or missing, quickly run a check to make sure that they are actually licensed and properly insured. That way you get the right info straight away.

It's better to have the information and not need it, than to need it and not have it. More importantly is the fact that the officer will usually jot some info relating to the accident into his own notes just in case he gets a call. It is these judgments that come in handy when the insurance agents get involved. I had one accident where the other driver (who was at fault) tried to pull a fast one on everyone. It was the police officer's personal notes that completely shattered the other driver's story (she claimed that I had tried to swerve around her which caused the accident... the cop's response that unless I managed to learn how to phase through solid matter and levitate over water that it was somewhat impossible).

The rule of the game is this... any bit of information, no matter how small, that helps you out should be acquired and used.

Dvus555

Yoda is wise.

Call the cops. Get a police report. Get everyone's story on paper at the scene. I promise you, as soon as that person left the scene and started talking to friends, they were thinking of ways of "not being at fault"! Their stories WILL change. Who knows, they may even say they were injured. (sarcasm intended)

I had a friend who was rear ended at a stop light. Even when the cops showed up, this woman told the cops he backed up into her!

It may be to late for you, but for everybody else... CALL the COPS! Get that report or else you're gonna get !

ONAGER

i completely agree... i was just pointing out that no tickets could be written and that all he could do is file an accident report with the "facts". and those facts would include both seperate stories, especially if both parties state they wernt the cause.... on the road the cop can point the finger and say that that person is at fault and go a step further and write them a ticket. on private property only an accident report can be filed and again, its only written up info.... if you call them im sure they will come out and if you ask im sure they will fill it out. but i dont want you to belive that this will give you a definitive solution to your situation

Yoda117

nopes, it won't give you a definitive solution, but it will give the poor guy more than what he has now.

BTW: it doesn't matter if it's private property... they'll still fill out the same report that they would on the street (mainly because unless a car is undrivable, or someone injured, the police in most states will not do much more than the bare minimum. That is, check/verify information and get each person's story).

Then again I have managed to get an accident filled out for a fender bender that occurred at a Post Office. That was a fun one to explain (local vs. federal jurisdiction).