Parking lot accident. Driver of other insurance company won't pay?

Question

A week ago when I was backing out of a parking lot I heard some horns honking, so I stopped in the middle. A second later an SUV backing out from the other side hit my passenger side rear panel with her bumper. We exchanged info, but she thought it was too much trouble to go through insurance, so she offered to pay me in private. However after see saw the $660 estimate she decided to go with insurance. So I filed a claim with her insurance company, 21st Century. Their adjuster looked at my car, and a few days later decided it was not her fault! One witness said both backed out at the same time and hit each other, and the other said I backed out and hit her. What happened was I saw her backing in my way, stopped and couldn't avoid her hitting me. I don't think the witnesses were lying, but they just didn't see everything. The estimate 21st Century sent me was at $890, which I didn't understand why they even send me one.
What is my best option? My insurance co. is Auto Club of So-cal.

oklatom, the $890 estimate itemized the damage of my car, not hers.

Thank you everyone. The damage is barely visible unless you know it's there. I am over it now. I guess everyone has been through this transition before.

Answer 1

unless you can provide video footage you'll have to drive with a dent in your car.
Not a big deal if you ask me.

Answer 2

It's not just an ethical obligation, it's a LEGAL obligation. She saw you hit her car. She has your license plates which, if you don't contact her, she will call the police, give them your plates and file a report for hit and run. Your insurance is obligated to pay for the damage to the other vehicle. First, contact your insurance company and let them know what happened. They'll instruct you what to do at that point. If they don't, contact her and ask her to meet you at the police station. Have a police report filled out. This is to protect BOTH of you. You don't want her later claiming that you did $10,000 of damage when it was only a few scratches. Plus, your insurance company may demand the police report before they pay for the damages to her car.

Answer 3

just because the other person admits fault does not mean she is; all insurance companies do an independent investiagations to determine liability; they also inspect autos to determine damages; just because they provide an estimate, only means that if the other driver is found liable, then we will owe you this amount;

if the witnesses are not a party to this accident, their statements hold a lot of weight vs yours or the other driver, since they have nothing to gain; but on the other hand, if they were passengers in the other car, they could be bias to the other driver;

call the stores parking lot to see if they have any video cameras; if they do, they usually keep for a week and then erase them;

also; you will have to file a claim with your insurance company now since the other company has determined you are at fault; the other company will go after you or file a claim on your insurance for her damages; your company can do its own independent investigation of liability; if your company deems that she is at fault, then both companies will most likely arbitrate it; that is what you pay insurance for;

Answer 4

To answer your second question first, they sent you an estimate for $890 because that is what they want you to pay for the damage you did to her SUV.

Your best option? What you should have done in the first place, filed with YOUR insurance company and let them handle things instead of trying to do it on your own. So contact your agent, tell them she admitted fault and offered to pay, then backed down when she found out the damage, and let your insurance negotiate with hers.

Answer 5

You have no options. Its simple- they arent going to pay unless they have proof their insured is at fault .. and they have plenty of proof that she wasnt necessarily... no lawyer, or amount of screaming will change this.

They did an estimate for you just in case they ended up paying. I always do estimates on all vehicles involved just to be prepared in case i need to pay.

Your only choice is to go through your insurance.. if they think its worth it.. they will go after the other carrier to get your money as well as theirs back... but dont count on getting your money back b/c again.. there is no solid evidence the other person is at fault.

Answer 6

It is an unfortunate situation. It's a shame that you didn't get her statement of fault in writing at the scene, or witnesses statements that could confirm your side.

You will probably end up each having to foot your own bill, fair or not. I read a recommendation about keeping one of those disposable cameras in your glove box so you can get photo evidence at accident scenes. A pretty good idea.

Answer 7

call your insurance company asap and tell them what happened. Does the store whos parking lot you were in have a security camera which could have recorded the whole accident. Thats your only chance to prove it wasn't your fault is video footage. Best of luck to you.

Answer 8

Your insurance pays your claims and they will take the other to court if they feel it is worth the trouble. That's the way it works. If your insurance company will not pay the claim then you can take them to small claims court.

You might take the other driver to small claims court if you don't have collision (physical damage) coverage.

Good Luck!

Answer 9

uaually if you are in a private parking lot you dont have to pay

Answer 10

your screwed