So I got my first car accident... *UPDATE* Payment received :D

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yhelothar

yhelothar

Lifer
Dec 11, 2002
18,409
39
91
10/12 EDIT: I won the case! I just got a check for $474 today.
I went to this other bodyshop to do the estimate, and they rung it up at over $1000, mostly because they said they can't repair the rear bumper, and the whole thing needs to be replaced, while the insurance appraisal used the repair cost, so there's a good $400-$500 difference.
I just cashed the check in, could I use it for anything I want? I need a new camera


On Tuesday, I was in the parking lot, waiting for someone to leave, and about 20 seconds later, I hear a big crunch. This SUV backed out into me, and hit my right rear quarterpanel. We get out, exchange info and leave. I didn't think it was such a big deal, just a small bump on my 92' corolla. But I'm not going to let her go without paying for damages.

I was stupid and I waited till today to do anything, mostly because I had class the whole day yesterday. I called her up, and she said she already told her insurance company that it was MY fault, she said I got there right when she backed out, which is a load of bs. I was there for more than enough time for her to look. She said she doesn't want to deal with it with me, and I can deal with it with her insurance if I want.

So I call her insurance company, I actually called her rep that was on the back of her insurance card. And her insurance rep said that there's no use for me calling them, as I am supposed to call my own insurance company about it, and my insurance company is supposed to ask their insurance company for money? I asked my mom, and she says that's bs, and I'm supposed to deal with the her insurance company.

I guess I should have filed a police report right on the spot, so then I can get a police to report who's fault it is. My sis got into an accident a while ago, and the person who ran into her didn't admit fault, so she was never able to get any compensation.

Anything I can do so my situation doesn't turn out like my sis'?
 
V

Vette73

Lifer
Jul 5, 2000
21,503
9
0
Call HER insurnace company, NOT local rep, and file a claim. If they give you a problem then call your insurance.
 
Ns1

Ns1

No Lifer
Jun 17, 2001
55,420
1,600
126
call your insurance company and have them deal with it

if neither you wants to admit fault and there isn't any evidence (ie witnesses) saying who was at fault chances are you're both fvcked
 
B

Bryophyte

Lifer
Apr 25, 2001
13,430
13
81
You should call your own insurance company and hand over the details. That's what they get paid for. You also need to file a police report. Most states require you to file a report within a certain period of time, usually no more than a few days.
 
OutHouse

OutHouse

Lifer
Jun 5, 2000
36,410
616
126
easy enough to prove. she backed into your rear quarter-panel, which proves you had already passed her spot.

besides you have the right of way, if a car backs into you from a parking spot guess who will get the moving violation. the person backing without looking.
 
NutBucket

NutBucket

Lifer
Aug 30, 2000
27,151
635
126
Simple, you're waiting for a spot, therefore not moving. She's backing into you. Obviously her fault. Call her insurance as stated elsewhere. Only goto your insurance if you don't get anywhere with hers. When I was hit I never even called my insurance company.
 
Vic

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
It's impossible for the accident to be your fault if she backed into your right rear quarterpanel. Or... just how did you manage to hit her car with your rear quarterpanel? :p
As you were obviously established in the lane, and she was obviously backing out, it was her duty to yield the right of way. You're dealing with an obviously real stupid bitch here, and talking to her agent will do no good as he needs to protect his client's interest.

Seriously, I dealt with almost this exact same circumstance last December, except that it was my left rear quarterpanel, I took pictures at the scene (I always carry a disposable camera in my car), and I called both my insurance company and hers right at the scene. She tried to protest at first, but gave in right away when I explained to her in simple but harsh English how she could not possibly make the accident appear to be my fault.

I suggest that you call your insurance, file a claim against her insurance, have your insurance help you contact her insurance (directly to a claims rep and not to her agent), and file a claim with her insurance. Your insurance will defend you here, and you will win (provided what you are telling us is true).
 
V

V00DOO

Diamond Member
Dec 2, 2000
3,817
2
81
Dube don't worry, she backed into you. It was her fault. Just report it to your insurance and let them take care of it. Forget about the police report, it doesn't do jack. She still can claim is your fault with or without a police report.
 
K

Kelvrick

Lifer
Feb 14, 2001
18,422
5
81
You're in Cali. From the looks for things, she probably didn't file a police report yet. Go down to the nearest police station to the accident and file one.

If you were in the lane and she was backing out of her spot, she'll probably be deemed at fault.

EDIT: I hate people who do that. I woulda told her that even if there were no witnesses, she's just a lying bitch because california vehicle code will be on your side considering she will be exiting her spot and trying to enter a new "street." Fvcken lying whores.

Get your whole car repainted thanks to her. Call your insurance, if you have full coverage. Tell them a bumper fix won't get the color right, get a whole new bumper done by the dealer and a quality paint job. After that, your insurance will start fvcking with her to get their money back.
 
C

cheapgoose

Diamond Member
May 13, 2002
3,877
0
0
call your own insurance company, have them deal with it. that's their job. it is obviously not your fault, your rate can not go up. good luck, I don't see how she can possibly win this.
 
Vic

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: Kelvrick
You're in Cali. From the looks for things, she probably didn't file a police report yet. Go down to the nearest police station to the accident and file one.

If you were in the lane and she was backing out of her spot, she'll probably be deemed at fault.

EDIT: I hate people who do that. I woulda told her that even if there were no witnesses, she's just a lying bitch because california vehicle code will be on your side considering she will be exiting her spot and trying to enter a new "street." Fvcken lying whores.

Get your whole car repainted thanks to her. Call your insurance, if you have full coverage. Tell them a bumper fix won't get the color right, get a whole new bumper done by the dealer and a quality paint job. After that, your insurance will start fvcking with her to get their money back.
Click to expand...
Dishonest people do these types of things because they're trying to get you to back down.

 
V

virtueixi

Platinum Member
Jun 28, 2003
2,781
0
0
You should have gotten a police report!! Your lucky she was dumb enough that the accident happened to her insurance. They should be able to tell that your car was stopped during the incident, so call her insurance back, and say I am going to get a lawyer! They will want to talk to you then.
 
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