QuestionMy wife was leaving a retail store parking lot, driving straight down the lane to the road, and another driver coming from one of the side lanes (where the cars actually park) hit my wife's car initially on the passenger side door, and continued scraping paint to the right rear quarter-panel.
My wife called police, who declined taking an accident report on public property (as anticipated). She got the other driver's name, insurance information, license plate number, make and model, etc.
When the other driver's husband arrived, he was told by his wife that it was her fault. Her husband began saying it didn't look like that was the case, and he went inside the store to ask if they had security cameras. They told him they do have tapes of everything that happens in the parking lot, but Williamson County (TN) is a "50/50 county", and each driver pays for their own damage.
I called their insurance agent, and the adjuster was out of town, so I spoke to a CSR who told me that I just need to call my insurance company because usually in parking lot accidents, each party pays their own repair bill. I told her that I understand that may "usually" be the case, but this isn't a scenario where two people backing out of parking spaces at the same time collided, there was no way my wife could've anticipated or avoided her client's mistake. She told me she would have the claims adjuster call me, and to go ahead and get an estimate.
I have a couple questions about this.
Should I contact my insurance company to notify them, or do I run the risk of them filing it as an at-fault accident?
Should I contact the store and ask for a copy of the recording (especially since I have no idea how long they keep them).
Should I contact an attorney, since their insurance agent seems to be positioning to say, "we're not going to pay for the damages our client caused"?
AnswerHi Josh,
First off, let's be sure to convey to all who are involved in your wife's case that the RULES OF THE ROAD DO APPLY in parking lots, even if the police will not issue tickets there (excepting for DUI). So, in this case, you will focus on the obvious failure to yield right of way on the part of the other driver. The basic rule is that the other driver cannot move her vehicle unless and until it is clear and safe to do so. Hence, she is 100% at fault in this claim.
You did not tell the amount of damages involved so I cannot tell whether you should go to small claims court or notify your own insurer.
Your state insurance commissioner http://www.settlementcentral.com/links.php should have established a rule as to when an insurer can raise rates on the basis of their insured having caused an accident, which, as you noted, is called an "at-fault" accident. But what you did not note is that there should also be a minimum amount of damages paid out before the insurer can raise the rates. In most states, this is around $750 damages paid out. In other words, if the payout is only $700, then even if it is an at-fault accident, the company cannot raise your rates. Hence, this is one thing to check out right away.
The advantage of notifying your insurance company is that you get your repairs taken care of and the company will defend any assertions from the other side as to your wife's alleged fault.
Another easy resolution is to sue the woman in small claims court, where no attorneys are allowed. It costs around $40.
For the court, but also for your own company and the woman's company, you should make up a couple items of tangible proof. Of course the video tapes would be of interest, but one wonders if the store would ever release them to you. But ask ASAP.
For evidence of the accident itself, you should get photos of the parking lot and blow them up, or make a drawing to show how the cars were positioned. You should also have your wife make a certified statement as to the admissions of the woman and the interference of the husband.
No attorney will help you in this claim. There is not enough money for a contingent fee. Of course you could pay by the hour, but there is no provision for award of attorney fees, so you would just eat those costs.
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
