QuestionQUESTION: Here is my story--more than a month ago, another driver hit my car while I was backing up my car at a parking lot in front of Korean supermarket. He packed opposite side of my car. When I backing my car I looked my rear mirror and did not see any sign of red light of other car in opposite side, while I was keep backing up, more than half the way, all the sudden, I saw this guy start backing up his car without notice my car are still on its way. It was happen so fast, I do not have enough time to switch gear move forward,all I can do is step up on the break and start horn but he didn't even hear and stop his car,two or three second later his car hit mine---on the right side up above the back wheel. I called the 911 right away and tried to file police report, however the person said to me that due to it's private packing lot , police will not show up?! The first thing this guy told me is"No English"- he doesn't speak any English. Somehow I managed to got his information. Unfortunately, I didn't not have chance to get witness as I was just about to ask someone who packed next to me,but he ignored me and took off....I have filed claim with my own insurance and they filed claim against with other insured insurance company. A week later I got phone call from other insured insurance company, their adjuster record my statement, and few days later I followed the instruction that was given by their adjuster brought my car to their authorized body shop to get appraise.
I'm keep checking with other party's adjuster on myself but their adjuster keep told me that that their insurer has
not return his phone call...so they can't get statement from him. Make long story short, one month 7 days later, I finally got phone from their adjuster, he said that they got statement from their insurer, and he told me they only want to pay 50% to fix my car.I was shock and ask him why,
he said I can't approve that I am right and he is wrong, so
they only responsible to pay half of the money to fix my car. I can NOT believe that the other driver is lying about
the truth. What can I do to protect myself and to get his
insurance company to pay for 100% to fix my car? Can I sue
the other party that involved this accident without any police report and witness? By the way, I was told by my adjuster from my own insurance company that they can't do anything as I have $1000 deductible since the cost to fix my
car is under $1000...Please help! I really really need some
good advice.
ANSWER: Nina, I'm sorry you are having to deal with this. Unfortunately, this is a very common scenario. People often lie about car accidents, and this happens a lot in parking lots.
You have 2 options:
(1) accept the 50% offer, or
(2) file a lawsuit against the other driver in small claims court. You do not need a lawyer to do this. It is very informal.
If you sue, the other insurance company will be required to assign an attorney to defend their driver in court. They may choose to pay you 100% to avoid going to court. Or they may decide to go to court.
There is a risk in going to court. They could counter-sue you for the damage to their insured's car.
You case will be difficult to prove without a witness. You could go to the store and ask if they have any security video of that part of the parking lot. Or you could ask the store employees if anyone saw the accident and could be a witness.
Also, take photos of your damage. As part of your lawsuit, ask the other party to provide photos of damage to the other car. The damage seems to support your story more than the other guy.
In court, it is your burden to prove he is negligent. He does not have to prove he is innocent. The burden is on the plaintiff, which is you. The standard in civil court is "preponderence of evidence." This basically means that in order for you to win, the judge will need to believe you are telling the truth more than he believes the other driver.
Good luck!
---------- FOLLOW-UP ----------
QUESTION: Thank you so much for your reply. I really appreciated.
I forgot to mention that there is no visible damage on his car as far as I know. Sorry for bother you again-----Can I ask the other insurance company to get a copy of other driver's statement since somehow I feel like it's may be the other insurance company does not want to pay me IF I sue the other driver or the insurance company? The other thing is it's probably very difficult for me to ask the Korean supermarket to get tape as right after the accident, there is a security guy who came to the scene but refused talk to me when I ask for help, all he did is speaking Korean with other driver. Those people are very rude, my worry is what if the other driver can easily to ask that security guy or any other person work at the store lie for him as they are Korean? The last thing--should I go ahead fix my car or should I wait until after the court? Most likely I will sue the guy if I can found out he is the one lying not his insurance company. Thanks again.
AnswerYou cannot sue the insurer - you have no cause of action against them. You can sue the other driver.
You can ask for the statement but they do not have to give it to you and probably will not.
It does not matter if you fix the car before or after the trial. But you will need an estimate to show damages.
