Car accident.. Her insurance says it's 50/50

[voodoojc]

So I got hit in the parking lot of local post office last week. I filed a claim with the other lady's insurance company since I believe it was her fault. I had backed out of my space all the way and was about to go forward when she backed into the side of my rear bumper. Police was called to the scene, but since it was on private property, no police report will be generated. No one was cited.

Here are some pics that show the point of impact (where her broken red taillight pieces are) right behind her parking space.

Pics

Has anyone been in a similar situation? I already emailed the pics to her insurance, but if they don't see it my way, what other choices do I have?

Edit: Her insurance company is Tokio Marine & Nichido Fire.. anyone heard of them before??

Update!
The other lady's insurance accepted full liability and they're cutting me a check for $2100 plus car rental. I also brought up paying me for diminished value and they said they'll do the estimates after the repairs are done. Anyone know how to get the most out of diminished value claims?

 

[F1N3ST]

Her fault, did your packages get shipped?

 

[EightySix Four]

Call your insurance and explain the situation, as long as the evidence is on your side they should fight it for you and it not affect your insurance.

 

[voodoojc]

If I file with my insurance, I have to pay my deductible first, right? I'd like to avoid that if possible since my deductible is $1000. Would taking this to small claims court be of any use?

 

[LTC8K6]

It's not possible to say whose fault it is from still photos.

What does your insurance company say?

 

[voodoojc]

Haven't filed with my company yet. I just emailed pics to her insurance company. If they still say it's 50/50, then I guess I have no choice but to file with mine.

 

[RKS]

Find a witness, get ready to file, or get your insurance involved.

I had a client in a similar situation were the liability was difficult to determine because of how the cars collided. Even with a witness corroborating our version of the event; the insurance company still didn't go over 80% liability after starting out at 50%.

 

[StageLeft]

Pics aren't helping me, but if you're stopped in a parking lot and hit by somebody I find it hard to envision many circumstances it's not their fault, even if you're backing out.

 

[voodoojc]

The pics show that I was backed all the way out right behind her spot, then she backed into me. The broken red lenses on the ground is where the point of impact was. If it was in the middle of the street, I'd agree with 50/50, but I was out of my space already.

 

[halik]

Your side is dented, her rear is busted... unless you managed to powerslide/drift into the back of her land rover, it's her fault.

Worst case scenario just lawyer up.

 

[MotF Bane]

Pictures don't tell me anything other than your post office uses the same dumbass parking lot style as mine, but she's at fault.

 

[HannibalX]

The Post Office isn't private property, it's government owned (ie - people owned) public property. I don't see why the police wouldn't write her up. I would complain to the PD and I definatly wouldn't pay a dime out of pocket for this repair. Get a lawyer if needed.

 

[StageLeft]

Originally posted by: iFX
The Post Office isn't private property, it's government owned (ie - people owned) public property. I don't see why the police wouldn't write her up. I would complain to the PD and I definatly wouldn't pay a dime out of pocket for this repair. Get a lawyer if needed.

Post office is a private organization with gov mandate, isn't it...?

Hmm, it does appear a post office is pure federal property.

 

[jtvang125]

If possible ask her insurance company if they can disclose her statement to you on what she thought happened. Maybe she lied and that caused some of the fault to shift back to you. The insurance company will then say, "yeah she's at fault but you were too so we'll make it 50/50". I also wouldn't be surprise to see many of these small insurance companies trying to even the fault to lower their claim payments.

If their judgement holds just file with your insurance. They'll investigate and get the statements from the other party and deal with any issues that arises.

 

[imported_Imp]

Well, if her car hit you, I don't see why you'd be at fault.

No surprise though. I rarely ever see people actually turn their head, or look well before backing out.

 

[lurk3r]

I have been told parking lots are always 50/50, by my own insurance company when I was actually at fault.

 

[angry hampster]

You can afford a car like that but you can't afford a smaller deductible? Sounds like you should get your priorities straight.

 

[Need4Speed]

Originally posted by: angry hampster
You can afford a car like that but you can't afford a smaller deductible? Sounds like you should get your priorities straight.

there should be a club for you guys...

 

[ViviTheMage]

Originally posted by: Need4Speed

Originally posted by: angry hampster
You can afford a car like that but you can't afford a smaller deductible? Sounds like you should get your priorities straight.

there should be a club for you guys...

we call them elitists....

 

[ElFenix]

Originally posted by: voodoojc
If I file with my insurance, I have to pay my deductible first, right? I'd like to avoid that if possible since my deductible is $1000. Would taking this to small claims court be of any use?

if you decide to get it fixed with your insurance company before her company ponies up, then yes, you would be out your deductible until her insurance mans up. you should still call your insurance to tell them what happened and start the process on their end. they're far more adept at negotiating with other insurance companies than you are.

Originally posted by: Imp
Well, if her car hit you, I don't see why you'd be at fault.

No surprise though. I rarely ever see people actually turn their head, or look well before backing out.

if his Z was right behind her i doubt she could have seen it through the rear window of that freelander. Zs are pretty low. still probably could have seen it from the side mirror.

 

[Gibson486]

Originally posted by: voodoojc
Haven't filed with my company yet. I just emailed pics to her insurance company. If they still say it's 50/50, then I guess I have no choice but to file with mine.

get your company involved. They are sying 50/50 b/c they know you will pay if you have no one fighting for you.

 

[angry hampster]

Originally posted by: ViviTheMage

Originally posted by: Need4Speed

Originally posted by: angry hampster
You can afford a car like that but you can't afford a smaller deductible? Sounds like you should get your priorities straight.

there should be a club for you guys...

we call them elitists....

I'm certainly no elitist. I just don't see the point in owning a $30,000 sports car and having a large deductible in lieu of saving a few bones on premiums.

 

[ViviTheMage]

personally I have 500$ deductible, as the difference is so small per month. It may be higher for a sports car, I do not own one so I do not know!

Typically you only want to use the deductible if you cannot pay for things out of pocket, this is a good situation where he will probably have to use it if the other company doesn't pony up the cash.

 

[alkemyst]

both backing out, both at fault. If you were cruising down the lane already it'd definitely be her fault based on face value.

 

[Zenmervolt]

Originally posted by: ViviTheMage

Originally posted by: Need4Speed

Originally posted by: angry hampster
You can afford a car like that but you can't afford a smaller deductible? Sounds like you should get your priorities straight.

there should be a club for you guys...

we call them elitists....

No, we call them fools.

If you can afford to have a larger deductible ($1,000 or even $2,000) without that sort of cost breaking the bank for you, then it makes more sense in the long term to carry a high deductible. I carry a $1,000 deductible on my vehicles. I have never had to pay out my deductible. In the amount of time that I've been driving, I have saved far more than $1,000 due to lower insurance premiums. I'm financially ahead already.

Carrying a low deductible just doesn't make sense unless your liquid assets are so small that you cannot afford to pay a deductible that large.

As a rule, with any insurance, you only want to insure against those things you cannot afford. I carry a high deductible because I can afford to do so and because it saves me money in the long run. The only reason to carry a small deductible is if you're too cash-strapped to afford paying a larger deductible.

ZV