QuestionHi,
I was involved in a parking lot accident where my car ( a 4 door sedan ) and the other party's SUVwere parked back to back with an alley between us. I got into my car, checked my rear view mirror to find the folks behind me loading their car, so I decided to back out into the alley to drive off. As I backed out and got completely into the alley, the other party also got into their SUV (the folks who were loading)and backed out straight onto the left rear side of my car where I now have a bad dent.The other party insurance are not claiming any responsibilty and dont answer my questions in a direct manner. It has been 2 weeks and there is no progress on my case. I have reported this accident to my insurance agency. There were no eye witness at the time of the accident. As this was my first involvement in an auto accident, I just contacted my insurance about the hit at the same time and did not call the police.What should I do now? How can I confirm if this accident was not my fault?
Answer
Dear Kathy,
I think the other guy is at fault, but I suppose one of the adjusters will no doubt claim that both drivers bear some blame. In the first place, irrespective of what is parked on either side of you, behind you, or anywhere, IT IS THE DUTY OF THE PERSON BACKING TO YIELD TO ALL OTHER TRAFFIC.
Thus, they might say it is YOUR FAULT, to some extent, at least IF that driver also says he was underway as you started toward him. If they even TRY to pull that one on you, point out that YOUR CAR WAS HIT ON THE RIGHT REAR QUARTER PANEL. DUH! That should be more than enough for this adjuster to see that YOU HAD THE RIGHT OF WAY, and you had already established your position.
The second part of the question here is whether or not the other driver was not mostly at fault inasmuch as he chose to back out when you were underway.
THUS THE BURDEN WOULD BE ON HIM. Since you were already moving, you can argue that you had the right of way. He did NOT have a right to back up when you were already moving.
Plus, one would think that he had a clear chance to avoid an accident by stopping his movement until it was safe. HE HAD NO BUSINESS EVEN STARTING TO MOVE until your car had cleared his area. Thus, it appears that the other driver bears the blame here almost exclusively.
What should happen now? I vote for you to just go and WRITE TO your own insurance company and tell them YOU ARE NOT AT FAULT; AND YOU WILL NOT ACCEPT A FINDING BY THEM that this was an "at-fault" accident on your part.
Use much of the same argument in a letter to the other person's insurance. Tell them you want them to approve your repairs NOW. You have to use Sent Via Certified Mail. If no favorable response within 5 days, it is time to make a complaint to your state insurance commissioner http://www.settlementcentral.com/links.php
In addition, you MUST FOLLOW UP with your OWN company to ensure that they do not mark this an "at fault" accident. That is a neat little trick that they pull and then they can raise your rates the next year..
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you 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
