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View Full Version : The person backed into my car in a parking lot now refuses to file a claim


niniss
05-23-2010, 03:21 AM
A woman backed into my car in a parking lot of Ben & Jerry and caused the damage of about $1k to my bumper. I tried to call the police but she and a security guard (of the store) said police won't come cus it's a private property. the woman asked me to settle outside since their deductable was $2k. She looked like a nice lady so i agreed. I got an estimate and gave to her as she suggested. She said her husband would call me about fixing my car, and that's when problem starts. When i finally get to talk to her husband on the phone, he was incrediblly mean and bullying so i changed mind and decided to go through his insurance. He told me their insurance won't do anything as long as he refuses to file for the claim. Anyway, I still called their insurance (state farm) and forwarded 3 estimates to their insurance. Later their insurance called me back and told me that they couldn't do anything because their client insisted to settle outside. they suggested me to either settle with him outside or sue them. (i only have liability coverage with my own insurance company so i think they wouldn't be able to fight for me in this case). So i bit the bullet and tried to work with him even though just thinking of his voice makes my stomach upside down (he wouldn't let his wife answer my calls). But when i finally met with him and let him see my car, he insisted that his wife didn't cause any damage to my car (basically lie between his teeth in in front of the dents). When i pointed the dents and asked him what those are he said there's no way his wife caused those because her car had no scratches (note: hers is suv, my is little corolla). He then accused me of having those dents before the accident. I was both shocked and sicken by his shamless behavior and lost for speech. How could a so-call respectful christian man can be this deceiving. At the end he insisted there's no damages and so he won't do anything and if i want. he even told me if i want i can have my insurance sue him. I can't forget the smurg on his face when he said that, like he was an untouchable king in this country. 20 yrs in this country i have to say that that was the lowest day of my life here cuz i saw with my own eyes the uglist white "respectable" american.

TruePaige
05-23-2010, 03:31 AM
I read this and all I can say is..

1) Format your posts! Paragraphs, man.

PhoKingGuy
05-23-2010, 03:33 AM
This same thing happened to a friend of mine He called the PD, filed a hit and run, called his insurance and notified them of the charges being filed against the other person. His insurance sunk their teeth into the guy and his insurance and got everything paid for. No premium increase also.

obamanation
05-23-2010, 03:40 AM
This same thing happened to a friend of mine He called the PD, filed a hit and run, called his insurance and notified them of the charges being filed against the other person. His insurance sunk their teeth into the guy and his insurance and got everything paid for. No premium increase also.
I don't know if the guy's insurance can do that because he has liability only. So, this guy just needs to file a claim in small claims court and hopefully for him, someone like Judge Judy or the People's court, whatever picks it up, you get a commission and then you get to argue your case on TV. Even if you lose your case, you still get paid unless you manage to piss off the Judge. Even better for all involved, the insurance company on the other side may want to settle.

jlee
05-23-2010, 05:22 AM
I don't know if the guy's insurance can do that because he has liability only. So, this guy just needs to file a claim in small claims court and hopefully for him, someone like Judge Judy or the People's court, whatever picks it up, you get a commission and then you get to argue your case on TV. Even if you lose your case, you still get paid unless you manage to piss off the Judge. Even better for all involved, the insurance company on the other side may want to settle.

Judge Judy is not a real judge (so filing small claims is not going to get you on TV). IMHO he should call his insurance company anyway.

Certain states also require that an accident report be filed within a certain time period of an accident, even if the police do not respond (NH requires a report with the DMV for an accident involving property damage of $1000 or greater).

sisq0kidd
05-23-2010, 05:49 AM
Take him to court and sue.

boomerang
05-23-2010, 06:52 AM
I was with you despite the lack of paragraphs, poor syntax and bad spelling until you threw in the word "white". Screw you and your piece of shit Corolla.

TwinsenTacquito
05-23-2010, 07:08 AM
Was gonna help until the racism.

herm0016
05-23-2010, 08:04 AM
Was gonna help until the racism.

ding ding...


should have called popo, this is your mistake. private property or not.

XZeroII
05-23-2010, 09:32 AM
Was gonna help until the racism.

yea, this guy is no better than the idiot who was lying.

Either get a written confession and agreement to pay, or call the police. If you don't they you might as well just have agreed to pay for it yourself.

PlasmaBomb
05-23-2010, 09:33 AM
Lawyer up.

MotF Bane
05-23-2010, 09:37 AM
Racism fail. Figure it out yourself.

LennyZ
05-23-2010, 09:37 AM
Damn white people!

caspur
05-23-2010, 11:05 AM
OP is lying.

There is no 2k PD deductible. For any auto policy. In fact, there is never a deductible for third party liability.

State Farm can not refuse a claim if they have accepted liability. It doesn't happen. In fact, the waiver process is far more complicated to their claims rep than simply cutting the check for 1k. The file never closes, and its a pain in the ass.

BTW, No Lawyer will take a PD only case.

HarryLui
05-23-2010, 11:41 AM
Sue. You have no other choice, really.


Should have called the police, regardless what everybody says. Let the police tell you, not some people that hit your car or security guard.

Should have insisted on going though insurance, never settle outside.

Always be firm to people that hit your car. If they cared about their deductible, they should have never hit your car to start with.

You have to protect yourself, nobody is going to do that for you.

vshah
05-23-2010, 12:57 PM
so you listened to them and didn't call the police?

Meghan54
05-23-2010, 01:17 PM
OP, you screwed yourself by not calling the police when the accident happened. If it's not documented, it pretty much didn't happen.

OP=fail.

hydroponik
05-23-2010, 01:33 PM
I would never settle anything out of insurance since it always turns out to be your word against his. Should have called the police and contacted your insurance asap. Let them take care of it, this is why you're paying for insurance...

fbrdphreak
05-23-2010, 01:34 PM
http://nervesocket.com/forum/uploads/1203879551/gallery_1_1_18776.gif

JulesMaximus
05-23-2010, 02:05 PM
A woman backed into my car in a parking lot of Ben & Jerry and caused the damage of about $1k to my bumper. I tried to call the police but she and a security guard (of the store) said police won't come cus it's a private property. the woman asked me to settle outside since their deductable was $2k. She looked like a nice lady so i agreed. I got an estimate and gave to her as she suggested. She said her husband would call me about fixing my car, and that's when problem starts. When i finally get to talk to her husband on the phone, he was incrediblly mean and bullying so i changed mind and decided to go through his insurance. He told me their insurance won't do anything as long as he refuses to file for the claim. Anyway, I still called their insurance (state farm) and forwarded 3 estimates to their insurance. Later their insurance called me back and told me that they couldn't do anything because their client insisted to settle outside. they suggested me to either settle with him outside or sue them. (i only have liability coverage with my own insurance company so i think they wouldn't be able to fight for me in this case). So i bit the bullet and tried to work with him even though just thinking of his voice makes my stomach upside down (he wouldn't let his wife answer my calls). But when i finally met with him and let him see my car, he insisted that his wife didn't cause any damage to my car (basically lie between his teeth in in front of the dents). When i pointed the dents and asked him what those are he said there's no way his wife caused those because her car had no scratches (note: hers is suv, my is little corolla). He then accused me of having those dents before the accident. I was both shocked and sicken by his shamless behavior and lost for speech. How could a so-call respectful christian man can be this deceiving. At the end he insisted there's no damages and so he won't do anything and if i want. he even told me if i want i can have my insurance sue him. I can't forget the smurg on his face when he said that, like he was an untouchable king in this country. 20 yrs in this country i have to say that that was the lowest day of my life here cuz i saw with my own eyes the uglist white "respectable" american.

We're all like that. Fuck you foreigners!!! Now get off mah lawn!!! :P

obamanation
05-23-2010, 02:39 PM
Judge Judy is not a real judge (so filing small claims is not going to get you on TV). IMHO he should call his insurance company anyway.

Certain states also require that an accident report be filed within a certain time period of an accident, even if the police do not respond (NH requires a report with the DMV for an accident involving property damage of $1000 or greater).

Of course not.. But neither are any of those other "court" shows on TV. Now let me ask you, do you know how they get onto TV? Probably don't.. Well in order to get on those shows, you file a normal claim in small claims court, they intercept this claim and contact you directly and ask if you would like to drop the claim and instead have it settled through arbitration with their show. If you accept, your small claim is dropped, you go onto the show and then it goes on from there. The shows aren't real court rooms, it's arbitration that you get paid to do.

jlee
05-23-2010, 02:59 PM
Of course not.. But neither are any of those other "court" shows on TV. Now let me ask you, do you know how they get onto TV? Probably don't.. Well in order to get on those shows, you file a normal claim in small claims court, they intercept this claim and contact you directly and ask if you would like to drop the claim and instead have it settled through arbitration with their show. If you accept, your small claim is dropped, you go onto the show and then it goes on from there. The shows aren't real court rooms, it's arbitration that you get paid to do.

http://www.judgejudy.com/submit_case.php

I suppose it's possible, but I doubt they bother going through small claims cases to find one they want to hear.

Pulsar
05-23-2010, 03:03 PM
Thought that was an interesting message right up until the point where you brought both religion and racism into it.

Nice 1st post troll though.

lothar
05-23-2010, 03:13 PM
A woman backed into my car in a parking lot of Ben & Jerry and caused the damage of about $1k to my bumper. I tried to call the police but she and a security guard (of the store) said police won't come cus it's a private property. the woman asked me to settle outside since their deductable was $2k. She looked like a nice lady so i agreed. I got an estimate and gave to her as she suggested. She said her husband would call me about fixing my car, and that's when problem starts. When i finally get to talk to her husband on the phone, he was incrediblly mean and bullying so i changed mind and decided to go through his insurance. He told me their insurance won't do anything as long as he refuses to file for the claim. Anyway, I still called their insurance (state farm) and forwarded 3 estimates to their insurance. Later their insurance called me back and told me that they couldn't do anything because their client insisted to settle outside. they suggested me to either settle with him outside or sue them. (i only have liability coverage with my own insurance company so i think they wouldn't be able to fight for me in this case). So i bit the bullet and tried to work with him even though just thinking of his voice makes my stomach upside down (he wouldn't let his wife answer my calls). But when i finally met with him and let him see my car, he insisted that his wife didn't cause any damage to my car (basically lie between his teeth in in front of the dents). When i pointed the dents and asked him what those are he said there's no way his wife caused those because her car had no scratches (note: hers is suv, my is little corolla). He then accused me of having those dents before the accident. I was both shocked and sicken by his shamless behavior and lost for speech. How could a so-call respectful christian man can be this deceiving. At the end he insisted there's no damages and so he won't do anything and if i want. he even told me if i want i can have my insurance sue him. I can't forget the smurg on his face when he said that, like he was an untouchable king in this country. 20 yrs in this country i have to say that that was the lowest day of my life here cuz i saw with my own eyes the uglist white "respectable" american.

What a moron.
I'm not sure why people insist(or agree) on settling outside when they can have insurance company do the job for them.

If you get into an accident, get drivers info, call police, get contact info of bystanders, contact insurance company, then STOP and let them take care of the rest. Just choose which shop you want to take your car serviced after that.

Now because you didn't do that you have to go through the process of small claims, hiring laywers and attorneys that will take ~50-60% of whatever settlement you get.

Given your last sentence and your english in general, you must be an illegal immigrant. Most likely you probably didn't have insurance either and was driving without one which is why you chose/agreed to settle outside.

PhoKingGuy
05-23-2010, 03:14 PM
Over here PD wont come unless its an injury accident.

Murloc
05-23-2010, 03:23 PM
You have no proof that he damaged your car.
You would need the security guard.

You should have called the police and insurance immediately, and write down a detailed description of what happened, that way everything would be recorded and the guy couldn't have escaped by accusing you of lying.

lothar
05-23-2010, 03:25 PM
Over here PD wont come unless its an injury accident.

I've heard that in many places.
If they don't do that at least attempt that then go to the next step on this list.

I'm curious though...
If it's an accident with no personal injury involved, but traffic has stopped due to the accident and the people involved not wanting to leave until police show up, will they change their mind and show up?

I would think if it's on a major road they will.

PhoKingGuy
05-23-2010, 03:38 PM
I've heard that in many places.
If they don't do that at least attempt that then go to the next step on this list.

I'm curious though...
If it's an accident with no personal injury involved, but traffic has stopped due to the accident and the people involved not wanting to leave until police show up, will they change their mind and show up?

I would think if it's on a major road they will.

If traffic is impended in any way then they show up, but not for fender benders

Raduque
05-23-2010, 05:02 PM
I made the same mistake as you (not filing a police report, agreeing to settle outside of insurance, etc) when a woman in an SUV backed into my truck a few years back, but I ended up getting the car owners insurance and filing a claim, they paid out $2500 to fix the truck. You can look under my profile for the thread to get the whole story.

thomsbrain
05-23-2010, 05:19 PM
First, never try to settle outside insurance. Never.

Second, why are you calling HIS insurance company? They have absolutely no incentive to work with you. Call YOUR insurance company. Your insurance will fix your car and your company's lawyers will handle any necessary lawsuits to reimburse themselves. This is what you pay them for.

Spicedaddy
05-23-2010, 06:07 PM
Unless it's a very good friend, never settle outisde of insurance.

Contact the police, around here they'll make a report and give you the case number. (much easier when you deal with your insurance company if there's a police report)

If the police won't come, at least write down a report of what happened, take down their driver's license number/plate number/insurance company info. Sign it, and make the other party sign as well. Also take down witness names and info.


Basically, with what you did it's your word against theirs, and it turns out the other party are liars, so you're SOL.

jpeyton
05-23-2010, 06:38 PM
File with your insurance company, give them her details, sit back and relax.

PhoKingGuy
05-23-2010, 07:07 PM
When I got rear ended the girl who hit me initially wanted to go out of pocket. No problem, I took pictures of our cars with the damage on both cars on the side of the highway, a picture of her drivers license, registration, license plate, insurance and a head shot of her. She was fine with all of it. I had her home address and her cellphone number (verified it). So yes you can go out of pocket if you do it correctly. I told her I would be going to my personal body shop and I would only obtain one quote, if she didn't want to pay it, I would gladly go through insurance. She was 100% on board with it.

Until her douchenozzle "i'm from New York you short POS" boyfriend called after I faxed her the estimate (1200 bucks). He started screaming at me saying I was full of shit and defrauding her etc etc etc. He wanted me to go to his buddies shop (fuck no) and work it out there. I wanted my ass covered because my GTI was leased and I didn't want to get dinged for anything so I went to the VWoA approved shop in OC.

Long story short, I told him that since he wasnt a decent enough human being to have a civil conversation over the phone I had no interest in talking to him. I told the girl that hit me that insurance was the only thing I would accept now and to send the claim number to the shop asap. She did that same day and I picked the car up a week later.

obamanation
05-23-2010, 08:49 PM
http://www.judgejudy.com/submit_case.php

I suppose it's possible, but I doubt they bother going through small claims cases to find one they want to hear.
Well not only did Judge Judy explain how their process works on their program but one time when my sister filed with the small claims court, she was contacted by the show and asked if she wanted to be on there. So that's two ways how I know it works like that. Well sometimes people want to sue but don't know how so they call the phone number listed at the end of the episode.

LTC8K6
05-23-2010, 08:51 PM
What proof does the OP have? Any pics or anything?

obamanation
05-23-2010, 08:51 PM
Over here PD wont come unless its an injury accident.
Actually the rule in California is, if it is less than $750 in Property Damage, you don't have to call the police.

soydios
05-23-2010, 09:28 PM
Actually the rule in California is, if it is less than $750 in Property Damage, you don't have to call the police.

But you still can, and should.

TwinsenTacquito
05-23-2010, 09:33 PM
Right after I posted and the page refreshed I noticed the 1 post total. What a weird spammer.

IcePickFreak
05-24-2010, 04:00 AM
Interesting first post on a PC/tech forum.

exar333
05-24-2010, 04:36 AM
OP --------------------------> Taken for a ride like a sucka!

Next time, call the cops. ;)

Marlin1975
05-24-2010, 05:20 AM
Actually the rule in California is, if it is less than $750 in Property Damage, you don't have to call the police.


$750 does not go far in body work for most cars today. Hell a bump in a bumper can eat $1000 easy on many cars today, even low speed.

lothar
05-24-2010, 08:49 AM
Actually the rule in California is, if it is less than $750 in Property Damage, you don't have to call the police.

How does one know how much property damage there is without getting an estimate from an actual mechanic first?

A simple scratch on the bumper would cost $500-700(if not more) to fix.
A broken side mirror can cost $1,500 to fix.

Gibson486
05-24-2010, 10:43 AM
That made no sense....you could not call the cops because it was private property? Also, if you filed a claim with your insurance, then their insurance would not be pulling this crap. Since, you decided to file with theirs, instead of yours, then you screw yourself over.

jaedaliu
05-24-2010, 11:03 AM
You're kinda stuck with only liability. Your insurance company won't help you because you haven't paid them to help you in situations like this.

good luck

Spicedaddy
05-24-2010, 11:54 AM
You're kinda stuck with only liability. Your insurance company won't help you because you haven't paid them to help you in situations like this.

good luck

Depends where you live. I only have liability coverage for my car since it isn't worth much, but we have no-fault laws here, so I'm still covered if it's the other driver's fault.

Someone backed up into my driver door while I was parked on the side of the street. I just contacted my insurance company, gave them all the info, and they fixed my car with no deductible.

It really should work like this everywhere... Much simpler than people sueing each other.

alkemyst
05-24-2010, 01:22 PM
whether or not the police officer can 'ticket' someone, they can come out to a private parking lot to take a statement. Always report an accident. The only times you don't want to is if you are running from a warrant.

Until you make the claim, your rates should technically be unaffected. However, if it's not your fault and the other guy denies involvement it gets classified as a hit and run. In many cases, you will have to rely on uninsured motorist coverage and potentially have no collision coverage from it.

Most people don't select insurance properly...they only shop price.

caspur
05-24-2010, 01:55 PM
Depends where you live. I only have liability coverage for my car since it isn't worth much, but we have no-fault laws here, so I'm still covered if it's the other driver's fault.

Someone backed up into my driver door while I was parked on the side of the street. I just contacted my insurance company, gave them all the info, and they fixed my car with no deductible.

It really should work like this everywhere... Much simpler than people sueing each other.

You have UMPD, many states do not. UMPD is not necessarily a component of a no-fault state, which usually refers to pip/injuries. UMPD can pay out under collision, but pays out the ded. portion. So it looks like UMPD--->ded, COLL--->dmg.

In your case, UMPD paid out damages. Some states have deductibles for UMPD. Obviously there is no subro if it is a hit and run.

caspur
05-24-2010, 02:03 PM
How does one know how much property damage there is without getting an estimate from an actual mechanic first?

A simple scratch on the bumper would cost $500-700(if not more) to fix.
A broken side mirror can cost $1,500 to fix.

No it doesn't.

Just plug the damage into pathways or other estimating software. The averages aren't even close to those numbers.

mattpegher
05-24-2010, 02:48 PM
Problem with parking lots is in many states if both parties are backing out of spaces at the same time and a collision occurs its a no-fault situation each party is responsible for their own damage.

Spicedaddy
05-24-2010, 03:16 PM
You have UMPD, many states do not. UMPD is not necessarily a component of a no-fault state, which usually refers to pip/injuries. UMPD can pay out under collision, but pays out the ded. portion. So it looks like UMPD--->ded, COLL--->dmg.

In your case, UMPD paid out damages. Some states have deductibles for UMPD. Obviously there is no subro if it is a hit and run.

Quebec, Canada...

UMPD didn't pay for the repair, the other guy's insurance did...

dainthomas
05-24-2010, 03:31 PM
the woman asked me to settle outside since their deductable was $2k. She looked like a nice lady so i agreed.

Haha. I didn't need to read past this. Noob.

1. Get their name, license plate, and insurance.
2. Call your insurance.
3. Done.

obamanation
05-24-2010, 04:16 PM
$750 does not go far in body work for most cars today. Hell a bump in a bumper can eat $1000 easy on many cars today, even low speed.
You can thank Reagan for that what with his repeal of Jimmy Carter's 5mph bumper standard. Reagan repealed the 5mph bumper standard in 1982 and replaced it with a 2.5mph bumper standard that allowed for unlimited cost in damage to cars.. I.e. folding aluminum opposed to shock absorbing bumpers like the old standard had.

Throckmorton
05-24-2010, 06:50 PM
That security guard needs to lose his job.

alkemyst
05-24-2010, 08:47 PM
You can thank Reagan for that what with his repeal of Jimmy Carter's 5mph bumper standard. Reagan repealed the 5mph bumper standard in 1982 and replaced it with a 2.5mph bumper standard that allowed for unlimited cost in damage to cars.. I.e. folding aluminum opposed to shock absorbing bumpers like the old standard had.

done with smoke and mirrors..."that bumper has to be supported (more cost), has to be carried (more gas/cost), etc...

Insurance hates this, but now can just drop you. Body shops and manufacturing love it.

lothar
05-24-2010, 08:53 PM
No it doesn't.

Just plug the damage into pathways or other estimating software. The averages aren't even close to those numbers.

My brother's heated side mirror cost that much to fix when a deer hit it last year and broke it off.
That was the insurance estimate.
The insurance agent came with his laptop and used whatever estimating software it is that they use.

A scratch from a fender bender bumper kiss during stop and go traffic 4 years ago cost ~$525 per insurance estimate.
Of course I didn't waste money fixing it because I had a $250 deductible and it was just a few scratches that barely even peeled the paint.
That was also the day I stopped letting family members use my vehicle.