QuestionHi, I had an accident in a parking lot a few days ago in my 2001
pontiac sunfire, I was backing out, almost all the way out of the
spot, and a lady hit me in the back right corner of my car. When
I went to see if she was ok, she said yes, and said she was so
sorry, and the whole thing was her fault. There was also a
witness there that talked to my boyfriend, and said he had seen
the whole thing, and it was completly her fault, and said she was
speeding through the parking lot. I called her insurance right
away, when they talked to me I had to give them a recorded
statement of what happened, I told them she had admitted fault,
and the witness said it was her fault. After we were done
recording, her insurance said from what they heard it sounded
like it was my fault! I know this was her fault, and everyone else
does too. Do you think there is any way then can turn this on me
saying it was my fault, even though she admitted to me and we
have a witness? The insurance comapny is state farm, and I have
been reading up on them and nothing good is ever said about
dealing with them in claims. Do you think I should get a lawyer
or my insurance involoved? I have been avoiding getting my
insurance involved, because I will have to pay my deductible.
The total damage done on the car is about $4,000, and the value
of the car is around $5,000 (kbb) to $6,000 (nada). Thanks for
any answers!
Molly
Answer
Dear Molly,
This is always a frustration in dealing with insurance adjusters who were not there. One little hint of the adjuster's thinking is that he did not insist to know your insurance so that the woman's damage claim could be made against your company. You might remind the adjuster that he or she is not going to be a witness.
Speaking of witnesses, you say you "have a witness". Does that mean that you had the foresight to get his or her name and number? If so, good for you. That makes your claim stronger. Call the witness ASAP before the adjuster does and reconfirm what she will say about the accident.
You will need a witness because you were the burdened car since you were backing up in a parking lot. Most of the time that will be the driver at fault. So it is IMPORTANT to get the facts down that support your version of the accident. If she was going too fast, you may not have had an opportunity to see her. Moreover, since she could see you, it would seem that she had the "last clear chance" to avoid the accident, and thus she must be held responsible for not being able to react to what was clearly in front of her.
Here are SIX things to consider, some of which you have not asked about, but they are essential to an accident like this:
1) USE YOUR WITNESSES: Reduce your boyfriend's testimony to writing (and same for your witness) and send those ASAP to the adjuster with a letter including some of the language from the next step.
2) USE THE STATE INSURANCE COMMISSIONER: Go to Dr. Settlement's website and see "insurance commissioners" on my links page and find the commissioner for your state: http://www.settlementcentral.com/links.php
The majority of states have adopted insurance guidelines for adjusting claims. In most of those, it is a bad faith practice to deny coverage in order to induce a lower settlement, or to deny coverage in the face of objective evidence to the contrary.
Make a letter to the adjuster and tell him or her that. If you cannot find the right guideline, tell him that you are thinking of asking the insurance commissioner for your state why this practice is not prohibited. The threat of a complaint to the insurance commissioner can bring the adjuster to her senses quickly.
3) YOUR OWN INSURANCE: Using your own company may not be so bad because your own company eventually will go through an arbitration to define the party at fault, and your statements and those of the witnesses will be considered. Moreover, we have seen first party claims adjusters call the third party adjuster and convince her to take responsibilty. THAT may happen to you, especially if you ask.
4) "AT-FAULT" INSURANCE INCREASE: Be aware that there are two additional dangers of using your own company. First, make sure you do not get tagged with an "at-fault" accident or you will see an increase in your rates. Second, your company may have to pay for HER damages as well. Thus, IF you elect to use your own company, make darn sure that they will fight this for you. MAKE YOUR STATEMENT IN CERTIFIED LETTER THAT YOU WERE NOT AT FAULT AND THEREFORE YOU WISH TO CONTEST ANY ANNOTATION THAT THIS WAS AN "AT-FAULT" accident. Ask that you be notified IN WRITING if your company concludes this was an "at-fault" accident. BTW, that is a neat little way the almighty insurance industry makes money: many people have no idea that they have just been tagged as having been at-fault, and their rates get raised but they never bother to find out why.
5) REPAIR OR KEEP YOUR CAR? As for your "deductible" and keeping your car or keeping it, Dr. Settlement has some free information at this link on my site (scroll down halfway):
http://www.settlementcentral.com/page0007.htm
6) WATCH FOR SIGNS OF INJURY: Any time we see $4,000 damage done to a car, we know that there is sufficient trauma to cause soft tissue injuries. Keep a eye out for naggaging little aches in your neck or back. That is how the injury may first show itself, and it can be even a couple of weeks later. If you do not take care of it, then you could see the pain increase over time.
Here is some useful information for free from my website regarding getting treatment early -- as soon as you know you are injured: http://www.settlementcentral.com/page0104.htm
I trust the foregoing was of value to you, and I respecfully request that you discover how to leave me some feedback on this site so we can have a report of how we are doing for our visitors.
Best Wishes,
Dr. Settlement, J.D.
www.SettlementCentral.Com
