Yesterday as I was driving through the parking lot of a gas station, a truck turned and smashes into my driver's side door - putting a big dent in it. I called the cops. And the cop showed up, I told him what happened. He filed the report and I believe he said that no one was at fault because it happened on private property. Which is absolutely bs because the guy ran into me so it is clearly his fault. So today I called my insurance company and told them about it and they said since no one was cited at fault, they will pay for the damages and I have to pay the $500 deductable. I went to go get an estimate and its $800 to fix.
Should I really have to pay anything at all? Because it was clearly not my fault and all the other guy's fault. What should I do? Should I call back the cop and talk to him? I believe the guy who hit me should have to pay for all the damages, right? I shouldn't be paying for a thing. What should I say so it is fair for me?
2007-06-19 07:54:55 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
lol i dont do this for points. i could care less for points.
2007-06-19 08:00:23 · update #1
Woah, woah, woah. Hold on a sec--most of the advice you've received is wrong. Most parking lots are considered private property and therefore police officers cannot assign blame/investigate the crash. The police officer acted appropriately and so did your insurance company.
That DOES NOT mean there is nothing you can do. You pay $500. Your insurance pays $300. Then you take the truck driver to small claims court to recover the $500 out of pocket you paid. You must prove that the driver of the other vehicle acted negligently--that DOES NOT require a finding from a police officer first. Your damages are the $500 you paid out of pocket.
In the alternative, call the guy, tell him that he needs to cover your $500 deductible or you will take him to small claims court. Hopefully this action can keep you out of court entirely.
2007-06-19 08:25:07 · answer #1 · answered by tara k 3 · 1⤊ 0⤋
The police report is completely irrelevant. Do you have a copy of the report? Or, are you just assuming there is a report since no one was cited? Probably the latter. Go to the police station and file your own report.
Why are you turning this in to YOUR insurance company???
NO!! Turn it into the truck's insurance company ASAP like today, fill out a claim form, set up a claim number and demand they pay for the damage. They'll tell you whatever they want. The police generally will not issue a citation for an accident on private property. But, this is NOT the same as fault for purposes of civil liability and both insurers know this.
2007-06-19 15:03:55 · answer #2 · answered by MagusGreg 2 · 0⤊ 0⤋
Well the cop is correct about the accident and that is why you have insurance to take care of these sort of things. I take it you did not have any witnesses to give the police a statement which he would of witten down along with him making the private property accident report. Then along with those statements you could of contacted the other persons insurance company and maybe you would of had better results about the accident, The only time a police officer acts to write a violation on private property is when he observes illegal actions going on that private property such as a guy driving at a reckless speed.
2007-06-19 15:09:19 · answer #3 · answered by binwill233 1 · 0⤊ 0⤋
In principle, you shouldn't have to pay. Speaking to the cop might make you feel better but almost certainly won't convince him to change his report. There could be an arbitration process with your insurance company where you could challenge its decision to withhold the deductable. Or you could take the defendant to small claims court for the $500.00. I'm not sure any of that would be worth it though in terms of time and aggravation.
2007-06-19 15:03:46 · answer #4 · answered by Stephen L 6 · 0⤊ 0⤋
Weather private property or not sue the other driver, only if you feel they are at fault!
And your insurance company should be backing you up as it is them who will be putting out the money to help fix your car, plus any medical bills towards this accident.
You need to strike while irons hot- meaning do first complaint before they start claiming medical bills, due to this accident.
2007-06-19 15:01:31 · answer #5 · answered by Bluelady... 7 · 1⤊ 0⤋
many people would say that your right and that you shouldn't have to pay at all, but it is the same thing if you hit someone on a parking lot at McDonalds. Because the parking lot is "private property" no one would be at fault for the wreck and each individual would have to pay for their respective car.
It may need some fixing, but as of right now thats what the law says.
2007-06-19 15:05:06 · answer #6 · answered by samuel r. 2 · 0⤊ 1⤋
Sorry to hear about this but your insurance company comes out ahead because they collect the deductable so they don't want to find anyone at fault and fighting this will cost you better than 10 times this in court and you still may not win.
2007-06-19 15:04:15 · answer #7 · answered by rshiffler2002 3 · 0⤊ 1⤋
I'm just curious. Is it really worth the five points each time it takes you to ask this same question, presumably in the hopes that someone will give you an answer that gets you out of paying anything?
2007-06-19 14:58:28 · answer #8 · answered by Anonymous · 0⤊ 3⤋
well it is unlikely that the cop will change anything in his initial report. your only option is to take the other driver to court.
2007-06-19 14:58:00 · answer #9 · answered by Anonymous · 2⤊ 0⤋
call the station file a complaint. You are a 100% right. Thats like me jus sitting in my car waiting for someone to walk in the store and i jus go run them over i can't say oh its private property u can't do anything to be. Cops are gay
2007-06-19 14:59:08 · answer #10 · answered by A 2 · 1⤊ 6⤋