Auto Insurance Claims: Parking Lot Accident, parking lot accident, reservation of rights


Question
First let me thank you for this great resource !  

I had just parked my 2005 Mustang and was about to enter a store when an SUV backed into my car while pulling out.  At first they were just willing to provide their ins. info and contact information, and were apologizing profusely.

A few minutes later they were claiming I was parked crooked, and there was damage to their car too.  At that point we called the police.  He wrote a thorough report and we went our separate ways. He is at fault correct ? I was not even in my car at the time.

I took my car to the body shop we have used in the past.  They wrote an estimate.  It had been 6 days so I called their insurance Co. to report the accident.(My insurance co said it was ok to go through the at-fault party)  Do I wait for the adjuster to contact me ?  I gave them the township and case # so they can get the police report.  Why didn't the person who hit me report the accident .. I felt like I was a snitch calling but like I said it had been 6 days. What is my next step ?

Also, what recourse do I have if they are unwilling to pay the estimated costs 1,090.  

Thank you !

Answer
So far, you've handled everything correctly.  Regardless of how you were parked, the party that backed in to your car is at fault.  Unfortunately, many people will not report accidents because they go through life thinking that all of their problems will be handled by some kind of fairy.

The reason that you have not heard back from the adjuster is that they are likely trying to get their insured to respond.  They will send him a Reservation of Rights letter that will basically state that if he doesn't cooperate, they will not defend him or pay the claim which will make him personally responsible for your damages.  Most of the time, this gets their attention and then they'll give a statement.  

The other insurance company has a right to inspect your vehicle and write their own estimate.  If it is less than your estimate, don't fret as your shop has the responsibility to submit any supplements for additional repairs and will negotiate with that insurance company.

In a week or so, this will likely work itself out.

Good luck!