I was making a left turn across two lanes of traffic to enter a parking spot that was perpendicular to the roadway. A women in a SUV begain to pull out of the space next to the one I was turning into. I stopped in the 1st lane of oncoming traffic and began to honk my horn. She continued to back up and ultimately hit me. No one was injured and the police did not want to come out to place a report because both vehicles were able to be driven. I made a report to my insurance company while we were both at the scene and she called hers I believe when she got home. She told her insurance company that she was completely out of her parking stall and was already parallel in the road when I turned into her while trying to get into a stall that she was blocking with her vehicle. Her insurance company will not accept liability because they accept her story. Do I contact a lawyer or just eat the cost of my repairs?
2006-07-02 03:54:13 · 9 answers · asked by Artemis61779 3 in Politics & Government ➔ Law & Ethics
First of all the police should have come to fill out an accident report. Even if its in a parking lot the are suppose to fill out an accident report. and second of all. Some of the people that drive SUVs can't see around the back of them so the person driving may have heard you honk thought that they looked good enough and kept driving. I had a lady that hit me while backing out she was in an SUV and didn't want to pay for the damage to my car, I told her that I was going to contact a lawyer and she then wanted to pay. i would talk to the person that was driving and see if anyone was around and saw it happen. And contact the police. Tell them that you called when you had an accident but nobody came. Police are suppose to come to an accident no matter what. In some places if its in a parking lot police cannot issue tickets but they still have to come to fill out a report for the insurance companies. Talk to person in the SUV tell them what you are thinking about doing (nicely) and then see what they say. She may ahve thought that she looked before backing out try and explain that you were there first. Then if she still won't pay get a lawyer.
2006-07-02 04:05:53 · answer #1 · answered by ffantasy1984 3 · 1⤊ 0⤋
First of all, never ever ever leave the sceene of an accident without a police report. Tell them you need one for insurance purposes and their coffee break is now officially over.
Second of all, your insurance should go after hers if you have full coverage (comprehansion, I think it's called in this state). I had an accident once, totaled the vehicle, wound up with a lesser one because I used the insurance check minus my deducatable, and later got a check for 80% of my deductable back.
Call your insurance agent. Laws may be different in your state, but they are probably able to go after her. This is why you have insurance, and this is why you should always have "collision coverage" on your vehicle reguardless of the age/payment statis. You're not only paying for the replacement of the car, but for legal services in a situation like this! I learned the hard and expensive way. I hope it's not the same case with you.
2006-07-02 04:02:58 · answer #2 · answered by Gabby_Gabby_Purrsalot 7 · 0⤊ 0⤋
did you have any witnesses to your story, if not it's gonna be hard to prove. Is your insurance company fighting for you? Either way your company is going to charge it against you, so you will probably eat the cost anyway, but if you have witnesses it would sure help your side.
2006-07-02 04:02:21 · answer #3 · answered by banshee 4 · 0⤊ 0⤋
Depends on how much the repairs to you car will be, how much time you have to spend on this, and how much you are willing to spend on a Lawyer...and you still have the chance of loosing...or you could file a small claim with your local court...you don't need a lawyer for that.
2006-07-02 03:59:59 · answer #4 · answered by cross_countryjumper 2 · 0⤊ 0⤋
You are both at fault, therefore eat the cost of your repairs, as you say.
2006-07-02 04:00:23 · answer #5 · answered by Anonymous · 0⤊ 0⤋
YOU NEED A WITNESS, AND YOU SHOULD HAVE INSISTED ON A POLICE REPORT.
IF ANYTHING, HIRE SOMEONE TO EVEN "HALFWAY" REMEMBER WHAT HAPPENED. MAYBE THIS PERSON WAS GETTING IN THERE CAR, A FEW SPOTS DOWN, AND SAW WHAT HAPPENED.....
GET IT?
2006-07-07 19:38:12 · answer #6 · answered by meld1707 3 · 0⤊ 0⤋
try small claims court, you have little to loose.. take phots of the scene and the location of the damage
2006-07-02 06:01:18 · answer #7 · answered by Anonymous · 0⤊ 0⤋
no lawyer, explain it to the Judge and save the expenses
2006-07-02 04:11:38 · answer #8 · answered by :Phil 5 · 0⤊ 0⤋
Sue them!!!
2006-07-02 03:59:21 · answer #9 · answered by John Luke 5 · 0⤊ 0⤋