Recently while travelling in Maine I started to pul out of the gas pumps at a public service station. A woman cut me off after quickly entering the parking lot from the street and cut across in front of me which resulted to my hitting her drivers side rear door as she came across my blind side. It appeared that she was moving faster then what would have been considered safe in a public parking lot. We mutually decided not to call the police to prevent insurance rates increases so we only exchanged names and phone numbers; no vehicle identfication or insurance information was given. After arriving home I have been informed by various friends that parking lot accidents are 50/50 for fault. We both had damage to our cars and she is claiming after one appraisal at a local body shop some 3 miles distant from her house that I should send her $1018 for damages. In addition the damage to my car is approximately $800 plus car rental during repairs. What should I do?
2006-09-02 04:00:08 · 5 answers · asked by KJ B 1 in Cars & Transportation ➔ Insurance & Registration
... I have 21 years in the industry .... generally, yes, parking lot accidents are considered 50/50 as there is no clear right of way, traffic control, etc. If agreeable to her, advise what you spent and each of you simply pay for your own damages. If she's going to give you a hard time, you may wish to collect the necessary information and report it to your insurance company and let her deal with them. Many insurance companies offer some sort of "accident forgiveness" while others consider a minor accident under a certain dollar amount "at fault" but not chargeable. You could also contact your agent or broker, explain the situation and see what they advise?
2006-09-02 08:02:48 · answer #1 · answered by vernin822 2 · 1⤊ 0⤋
"Lets not report it to the insurance" --- stupid idea. At the scene of the accident, people act one way, but then once they start talking to their friends (as they ALWAYS do), things change. As this happened in a parking lot, the police may not have come out, but you should have taken down the other persons insurance info. Now that more money than was expected is involved, call your insurance co, make the claim, call the other person for their insurance info and make a claim under their policy.
2006-09-05 03:29:12 · answer #2 · answered by deadcars42 3 · 0⤊ 0⤋
Report it to your insurance company and let them investigate. And no, parking lot accidents are not a blanket "50/50". Man, I wish people would stop saying that. I had trouble deciphering what really happened from your description. But if you were pulling from the pumps, and she was traveling on the lot, she probably has the right of way. She may not be fee of negligence, and if Maine has comparative negligence the amount of her damages could be reduced based on that.
Parking lots are terrible places because people pay even less attention when driving there than when they are on the road.
2006-09-02 14:04:21 · answer #3 · answered by Chris 5 · 1⤊ 0⤋
I would file an accident report with the police. That is your best bet. This way your rights will not be waived. If you think she was at fault, your rates should not increase.
2006-09-02 04:06:05 · answer #4 · answered by pukcipriavroc8v 4 · 0⤊ 0⤋
since no police report was files, you will have to go to small claims court, check at the gas station to see if there were any witnesses, and such, take a couple of estimats of the damage.
2006-09-05 11:51:04 · answer #5 · answered by deby k 3 · 0⤊ 0⤋