QuestionMy car was recently hit in the parking lot of my son's school. The lady that hit us was backing out (she was parked on the grass) and hit my car. After she hit my car she pulls back in her space and jumps out and says I was trying to get out and I didn't even see you. I told her I understood and she goes to get her insurance card for me to copy the information. I call her insurance company 2 days later and left a message. On Monday I called he insurance company and spoke with an adjuster. I give her my side of the story and she tells me that her client is contesting stating that I hit her. I tell her that her client is lying and should I get an attorney? What steps should I take next?
AnswerHi Adrian,
From your question I gather that you were not injured and that you are dealing only with minor property damage. You have hit upon one element of admission of fault, and that is the fact that she is the one who saw fit to give out her insurance information. This, coupled with her apology, should convince the adjuster of the strength of your case.
Here is another factor to work on in the claims process, or in small claims court: the rules of the road DO apply to parking lots. Hence, she has the duty to make sure her way is clear BEFORE she ever starts to move her car. Since you were still, how can you be at fault?
You cannot complain to the insurance commissioner since the insurance company is going on the version that their insured gave to them. And until you provide evidence (as noted above) to the contrary, their position is likely not going to be in violation of any rules or regulations issued by your state insurance commissioner http://www.settlementcentral.com/links.php
Sooo, here are my three choices. I know that most people favor just using their own company. But there is something in me that wants to stuff it right back at a tortfeasor like this: hence, the following small claims court scenario.
#1. Go to small claims court in your county, and either in person or online, download their format for a complaint. Send a WRITTEN RESPONSE to the adjuster, along with a filled out form for small claims court. You MUST send it via certified mail, since if they do not pay up, you are going to need that letter in the next step. Tell the adjuster to pay in full for the damage within 5 days or I will file this claim. DO NOT accept ANY reduction for comparative negligence OR some goofy attempt to lower the cost of your auto repair shop estimate.
#2. It is easy and cheap to file in small claims court: something less than $50, which will be AWARDED to you as "costs". BUT, you first have to show a written letter that you sent from which the tortfeasor made no satisfactory response. Again, DO NOT agree to 90% of the value—go for ALL damage she did, PLUS INSIST UPON FULL COSTS—which include both the certified letter costs and the small claims filing fees.
#3. Here is the "standard" answer you will most often receive: use your own company. You can open a claim with your own insurance, pay the deductible, and let them pursue the tortfeasor. Of course if you own the vehicle and elect to forego the repairs then you will pocket the cost of the repairs, less the deductible.
You will want to coordinate with your adjuster to make certain that when your insurance collects from the tortfeasor she is going to collect your deductible for you as well.
Will that count against you? NO. This is NOT an at-fault accident. Hence no rate increase can be made. BTW, your state insurance commissioner should have defined what constitutes an "at-fault" accident in your state, and if your company tries to stick you on this, use that definition against them.
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 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
