QuestionI was parked between two big cargo vans, and couldn't see to my sides as I backed out. Tha lady pulled up behind me, and stopped right across the parking spot ! It was a very low speed (~2mph) contact. I have minor scratches on my rear bumper, and her front turn light came loose. Hers was a pretty old car.
The messy part is, she was uninsured, the car wasnt hers, and she wouldnt give me any of her details except her license number !
She claims she was going to buy the car next week ! Now I want to report this incident to my insurance compay to be on the safe side.
My questions:
1. What would be my worst case scenario?
2. Is it right that in CA, if a minor accident happens on a private property such as a supermarket parking lot (as in my case) a claim cannot be filed ?
3. She had someone take her car away. How can I get a honest quote on the damage?
AnswerDear "A",
I am not sure who is at fault here, because it seems both drivers bear some blame. In the first place, irrespective of what is parked on either side of you, IT IS THE DUTY OF THE PERSON BACKING TO YIELD TO ALL OTHER TRAFFIC.
Thus, it is YOUR FAULT, to some extent, at least. The second part of the question here is whether or not the other driver was not also at fault inasmuch as she chose to wait for you in the wrong spot. One would think that she had a clear chance to avoid an accident by stopping in a spot where you would not back into her. Thus, it appears that the other driver also bears the blame to some degree.
What should happen now? I vote for you to just go your own way and DO NOT REPORT IT TO YOUR INSURANCE COMPANY, unless the other owner or driver makes a claim against you.
Let her fix her car and you will just ignore the "minor scratches on my rear bumper". That way, your insurance company will not have the opportunity to raise your rates for an "at-fault" accident.
In direct answer to your questions 1 thru 3:
1. Worst case is that she claims an injury and then you HAVE NO CHOICE but to report it.
2. NO, claims CAN be filed for negligent driving anywhere, irrespective of whether or not it is a parking lot.
3. WHY do YOU want a quote for the damage? She has never made a claim against you, has she? If she does, then you tell her that you will make a claim versus her for repair of your car. Even bumper scratches can amount to some damage bill for her to pay. Tell her that she is at least 50% negligent inasmuch as she did have the "last clear chance" to avoid the accident, but instead she precipitated the accident by stopping in the spot where you were most likely to hit her.
As for the quote and a claim, if she were to make one: you have every right to have your own body shop expert give an estimate. And you can be right there to point out that the damage was limited to the turn light.
My best advice would be to forget about it unless and until you hear from her. If she contacts you, DO NOT GIVE HER YOUR INSURANCE INFO UNTIL YOU SEE IF YOU CAN PAY THE BILL YOURSELF. And, when you do pay the bill, make darn sure that you get a general release, one that will acknowledge that the sum you are paying is for both the property damage AND all bodily injuries, known and unknown. That way she cannot come back against you in a month and tell you that a chiropractor told her she sustained soft tissue injuries in the accident.
Best Wishes,
Dr. Settlement, J.D.
Http://www.SettlementCentral.Com
