I got into a car accident the other day. He was reversing trying to park a car and hit the side of my car (right behind the tires). He came out saying "I'm sorry, can you look the other way this once, this is my first time driving here." I said "No." But I didn't call the cops because I didn't want to turn this into a 'thing'. I took down his insurance information, phone number, address, and name.
I get home and see that the damage is a lot worse than I had anticipated ( was looking at it in the dark before). So I call him up the next day. He spews a bunch of trash about how he wanted to goto the cops, but I didn't (when the word cops wasn't even mentioned), and how the accident was all my fault. We have a date on tuesday at the police station.
This is where I'm troubled, he's obviously taking advantage that I didn't call the cops on the spot and is now trying to force the blame on me. I don't have any hard witnesses or real evidence except where he hit my car. Anything I can do?
2006-10-09
12:36:09
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14 answers
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asked by
questionareeeee
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Cars & Transportation
➔ Insurance & Registration
We weren't in a parking lot. He was trying to park on the street, except he wasn't even in a spot. He was behind it, covering up some of the gas station exit (which I made a left into) and he backed up into me. The gas station guy might have seen it, but I can't really say. I was in the right side of the exit too, so this guy was pretty bad at driving or something. I just really don't want us both trying to blame each other and both of us gets screwed with higher insurance payments.
2006-10-09
16:13:10 ·
update #1
Well, seeing how it was in a parkinglot, its 50/50 no matter what. Sorry dude.
He could have simply bashed into your car and destroying both and yet it would still be 50% your fault. It doesnt make sense. But thats how insurance companies look at it.
2006-10-09 12:39:29
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answer #1
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answered by Anonymous
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There's plenty you can do. The other party is at fault for failure to keep a safe lookout while backing from a parking space. The point of impact to your car supports that you were travelling thru the aisle, since your damage is on the side. Even if your your vehicle was moving, you had the right of way. Cops are not likely to do much but make the two of you exchange insurance info. Parking lots are usually private property and the police don't have any jurisdiction there unless a crime was committed. I would call my insurance, give them everything you have on this other "gentleman." Provided you carry collision, you can use it and be out of pocket initially your deductible. The insurance will then turn around and go after his insurance/him for the return of all funds paid, including your deductible. Your alternative is to file it directly with his carrier. If he fails to give you this information you can tell the police you'd like to file a report for a hit and run. Failure to exchange information is unlawful. A hit and run in many states is a felony. For a non-fault loss, don't be scared to call your insurance...it's not likely your rates would increase even if they paid out since the loss is not your fault. Call them up-that's what you pay those premiums for! Best of luck-don't let this guy intimidate you.
2006-10-09 15:34:22
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answer #2
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answered by Pieandchips 3
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You could always turn it in as a hit & run???? an accident is an accident, wether you saw it or came out from your job and found your car like that. You still have a deductible, you are paying insurance as long as you are not trying to gain profit or make money from the insurance I don't see what difference it would make. Or just call the insurance company and ask the question you don't have to report it, just find out what they advise in that situation. You can also call the police and ask, agagin you don'[t have to report it, just ask. Whatever you are going to do, don't let to much time pass. The police or insurance adjuster can most likely tell who's fault it was. Let this be a lesson learned! Never trust anyone. By the way why did he give you his insurance company & information if he didn't intend on you using it? Do what you have to do. I'm sure the other person would!!!!!!
2006-10-09 12:43:10
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answer #3
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answered by char__c is a good cooker 7
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You didn't say what you were doing. Were you parked or stationary at the time? If so, how can he avoid being at fault? Report it to your insurance. If they handle your damages they will investigate and follow up with him regarding his insurance. There is no point in making a police report now after the fact because police did not get to the scene to observe it as it was, and police don't determine who is at fault civilly for an accident. That is the job of the insurance companies. If you want to get paid, you either need to report it to his, or yours. Well, actually you need to report it to yours no matter what as your policy contract requires it.
2006-10-09 13:41:50
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answer #4
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answered by Chris 5
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Well, first of all, I hope you learned your lesson. Everytime something happens, just make a freakin phone call!!! It won't hurt you know. Now, on your problem, I don't know if there's much you can do because usually, when these things happen, the cops are gonna give you a copy of the accident report, and then you're gonna fill it up and send it to the insurance company. Better ask the insurance company, or someone who knows. Yahoo answers isn't really the best place to ask your question because things also depend on how your insurance works. Good luck! :)
2006-10-09 12:46:55
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answer #5
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answered by raeyshe 2
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Call his insurance company and yours and let them know what happened. If you are not planning on turning it into your insurance company then you will have to go after him civilly for the damages. The police will not be able to do anything for you other than take a report. They were not there and are only going by information received from you and the other guy. The insurance companies will decide on whose fault it is. Hope this helps.
2006-10-09 12:49:13
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answer #6
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answered by John71 3
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Since he hit you in the side, the point of contact makes him more guilty. Also, he was in reverse, which puts him at fault right there.
You were nice enough not to report it. If you are asked why, you simply have to say that you didn't think the damage was above the legal minimum (most states have a requirement that it be reported if damage is above a certain amount).
You didn't say it was a parking lot... was it? That might make a difference. But still... he damaged your vehicle, so I think you should stick to your guns.
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2006-10-09 12:46:28
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answer #7
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answered by mia2kl2002 7
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I'd say it's rather hard for him to prove that you hit is car if the damage is on the rear quarter panel, however, he could say that was caused by another accident. Otherwise there is nothing that I can think of. Best of luck to you, takes a dirty person to pull that on someone.
2006-10-09 12:40:21
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answer #8
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answered by Cellulose 2
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Ouch...my neck is hurting...I think we need to go on Judge Judy...
just let this person know that you are taking the case to court. Period...remember take some pictures of the damage and get estimates for repair.
2006-10-13 12:35:26
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answer #9
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answered by Mitch G 2
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Call the gas station to see if they have camera outside or if someone saw it. The judges are pretty good when figuring out who is lying and who is not. Good Luck!
2006-10-10 09:27:40
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answer #10
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answered by PeppermintandPopcorn 3
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