• We’re currently investigating an issue related to the forum theme and styling that is impacting page layout and visual formatting. The problem has been identified, and we are actively working on a resolution. There is no impact to user data or functionality, this is strictly a front-end display issue. We’ll post an update once the fix has been deployed. Thanks for your patience while we get this sorted.

Dude backs into my car while I drive through a parking lot

HeroOfPellinor

HeroOfPellinor

Lifer
I was driving through a parking lot and a guy just backed up without looking and dinged the back corner of my car. Nothing big, a little dent and some scratched paint, but it was across the tire and I was worried about alignment issues plus he was giving me all this attitude and made a paltry offer to have a friend fix it, so I took it up with insurance.

Basically, his insurance company, AAA, messed up when they took the measurements so it looked like his car couldn't have done the damage. I haven't had it fixed yet just in case this issue arose.

The letter they sent me says I can still pursue ths issue on my own, so I'm wondering who I can pursue this against.....the guy or his insurance company?
 
Welcome to the world of parking lot accidents. I had one once, and the insurance company (we both had State Farm) claimed that we were both at fault. Even though I was driving through and he backed into me, much like your case. Why have on eperson at blame, when you can blame 2 people and raise 2 peoples rates?
 
Had a similar incident just recently where my neighbor backed up into my car (I wasn't in the car). I first called my insurance and they took all information but told me to file a claim with the other party's insurance as well. He also told me that if the other party or their insurance gave me any kind of trouble to call him back and they will take care of it. Luckily the other party admitted and her insurance had to claim liability for the damage.

You may want to contact your insurance and see what they can do.
 
You're going to have to deal with his insurance company. Odds are it will be ruled a no fault accident. You'll both eat it.

My brother's car was totalled by a 16-year old who ran a red light. Because there were no witnesses, that too was ruled in favor of no one, and his insurance bore the entirety of the repair costs.

Welcome to the world of auto insurance.

Some people hate lawyers. I love lawyers. I hate insurance companies/agents/adjusters.
 
Argh... things like this just makes me mad for some reason. Although im not involved at all, but I feel for ya. I might get an initial consultation with a lawyer to see if its worth pursuing (usually those are free).
 
Originally posted by: hungfarover
You're going to have to deal with his insurance company. Odds are it will be ruled a no fault accident. You'll both eat it.

My brother's car was totalled by a 16-year old who ran a red light. Because there were no witnesses, that too was ruled in favor of no one, and his insurance bore the entirety of the repair costs.

Welcome to the world of auto insurance.

Some people hate lawyers. I love lawyers. I hate insurance companies/agents/adjusters.
Click to expand...


You only love lawyers when their on your side
 
Your title mentioned arbitration but your description didn't.

Was there arbitration involved? Was it binding arbitration? If it was, the 'binding' part means you can't sue.
 
There have been so many of these parking lot accidents I've started parking on the fringe areas away from the heavy traffic lanes even if it's a decent walk. And if at all possible I'll steer clear of shopping areas when they are busy (like after work). I think drivers have adopted the theory that if they start backing out of a spot, anyone already coming down the lane should stop for them. And you can tell that a lot of these drivers can't even see whether it's clear to back out if they are sandwiched in by large vehicles - they just back out s-l-o-w-l-y hoping no one is coming.
 
Originally posted by: kranky
And you can tell that a lot of these drivers can't even see whether it's clear to back out if they are sandwiched in by large vehicles - they just back out s-l-o-w-l-y hoping no one is coming.
Click to expand...

How would you suggest backing out if you can't see around the gargantuan soccer-mom SUVs except s-l-o-w-ly until you can see into the lane?

Edit: I know I back out s-l-o-w-l-y until I can see any traffic coming down the lane if I've been sandwiched by fertility wagons.
 
same thing happend to me, some lady just backed straight into my tire, her insurance company wanted me to pay 25% because somehow i was at fault. She tried to claim that she was already out of her spot and that i hit her....RIIIIGHT, i was powersliding through the parking lot, that's how the damage is on the side of my car. My insurance(state farm) told them to take a hike, and tha'ts the last i heard......but i had two witnesses(outside of the vehicles) and photos and everything
 
I had the same thing happen to me in a parking lot once. The lady demolished my back quarter section and her bargin basement insurance company refused tried to say that I hit her and denied my claim. Luckily my father is an insurance attorney so we just filled suit and had to wait for their coorperate lacky to pick up the file the day or so before court to get our settlement. My advice is your probally going to have to push it hard, maybe even to the point of going to court. It is all they really understand, if they deny and you don't do ****** they just won and saved themselves the money. If you have not gone and got estimates that should be the first thing you do. The more time you go by without estimates the more they will try to ****** you. Just hang in there, and good luck.
 
Originally posted by: Feldenak
Originally posted by: kranky
And you can tell that a lot of these drivers can't even see whether it's clear to back out if they are sandwiched in by large vehicles - they just back out s-l-o-w-l-y hoping no one is coming.
Click to expand...

How would you suggest backing out if you can't see around the gargantuan soccer-mom SUVs except s-l-o-w-ly until you can see into the lane?

Edit: I know I back out s-l-o-w-l-y until I can see any traffic coming down the lane if I've been sandwiched by fertility wagons.
Click to expand...

No clue, but I know if I see someone inching back out of a spot I am going to stop and stay clear of them. I see no benefit into having them back into my car, even though I have the "right of way". Yet I see people frequently just keep on going down the traffic lane while someone is obviously trying to exit their parking spot. I'd rather yield when I don't have to and keep my car undamaged than to get hit but not be at fault.
 
Originally posted by: kranky
There have been so many of these parking lot accidents I've started parking on the fringe areas away from the heavy traffic lanes even if it's a decent walk. And if at all possible I'll steer clear of shopping areas when they are busy (like after work). .
Click to expand...

I've been doing that for almost 15 years. Generally speaking, people just plain suck and it's impossible to have a nice ride and KEEP IT nice.

My fiancee gets so pissed at me when we go to the mall. I enter the parking lot and park allllll the way in the back. I want at least a 100-square foot "circle of nothing" around me.

I avoid people doing 40mph through the aisles of the parking lot, I avoid shopping carts selfishly shoved out of their way and into my truck AND I avoid people opening their doors so fast the vacuum created sucks the trash out of their car and then they "OOPS" ding the side of the truck w/their door. :roll:
 
Originally posted by: hungfarover
You're going to have to deal with his insurance company. Odds are it will be ruled a no fault accident. You'll both eat it.

My brother's car was totalled by a 16-year old who ran a red light. Because there were no witnesses, that too was ruled in favor of no one, and his insurance bore the entirety of the repair costs.

Welcome to the world of auto insurance.

Some people hate lawyers. I love lawyers. I hate insurance companies/agents/adjusters.
Click to expand...

I did have a witness. Got her info and passed it along. This should have been open and shut. As far as I know, the only thing they were using in defense was that the height of his bumper didn't match the damage on my car. Their guy who came to measure my car was off by almost 3" in what he recorded.
 
Originally posted by: kranky
Originally posted by: Feldenak
Originally posted by: kranky
And you can tell that a lot of these drivers can't even see whether it's clear to back out if they are sandwiched in by large vehicles - they just back out s-l-o-w-l-y hoping no one is coming.
Click to expand...

How would you suggest backing out if you can't see around the gargantuan soccer-mom SUVs except s-l-o-w-ly until you can see into the lane?

Edit: I know I back out s-l-o-w-l-y until I can see any traffic coming down the lane if I've been sandwiched by fertility wagons.
Click to expand...

No clue, but I know if I see someone inching back out of a spot I am going to stop and stay clear of them. I see no benefit into having them back into my car, even though I have the "right of way". Yet I see people frequently just keep on going down the traffic lane while someone is obviously trying to exit their parking spot. I'd rather yield when I don't have to and keep my car undamaged than to get hit but not be at fault.
Click to expand...

Fair enough. It just seemed that you were harping on people slowly backing out of a spot when they can't see when I honestly cannot think of any other way of getting out of such spots.
 
Originally posted by: HeroOfPellinor
Originally posted by: hungfarover
You're going to have to deal with his insurance company. Odds are it will be ruled a no fault accident. You'll both eat it.

My brother's car was totalled by a 16-year old who ran a red light. Because there were no witnesses, that too was ruled in favor of no one, and his insurance bore the entirety of the repair costs.

Welcome to the world of auto insurance.

Some people hate lawyers. I love lawyers. I hate insurance companies/agents/adjusters.
Click to expand...

I did have a witness. Got her info and passed it along. This should have been open and shut. As far as I know, the only thing they were using in defense was that the height of his bumper didn't match the damage on my car. Their guy who came to measure my car was off by almost 3" in what he recorded.
Click to expand...
I'm no attorney or insurance agent, but I've had a couple of these happen and this is the way it went: both of you make statements to both insurance companies. Your insurance companies then go behind a magic curtain and pretend to argue about the claim. In the end they emerge with a decision that usually benefits no one.

Ultimately you need to get on the phone with your insurance company, tell them the damage measurement was bogus, and have them do the footwork. Bark at them if you have to, but remember you pay them to argue/work on your behalf. It usually makes no difference but that's your only option at this point.
 
this reminds me of when our Toyota was totaled
the entire engine block and frame was pushed back from a head on collision when someone ran a red light and hit our car on a left turn. They sent an adjuster, some hokey dude in a rundown truck, who measured tire treads, and looked at the engine (had to pry open the hood)

we said "This is totaled right?" He said "I can't say for sure." but later AAA said that it could be fixed... we suspect the guy said it could be fixed simply because we assumed it was totaled and wanted to try to teach us a lesson or something. Anyways, they towed it to a Toyota dealer and the dealer said they wouldn't even work on it because it was totaled and would cost well in excess of the cars value to fix it (like 2x the value).

In the end it took us like 3 months without a car to get a new one because of all the crap.
They also tried to charge us for extra tows and stuff because only one was covered or something, which was B$ and they tried to charge us for the lengthy rental car period even though it was all completely their fault.
 
aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaugh

The EXACT same thing just happened to me...your insurance company probably wont' even fight for you. mine wouldn't
 
You must log in or register to reply here.

TRENDING THREADS

Back
Top