QuestionHi,
I'm from Canada, Alberta. In March 2008 I left a parking lot at the eastside of the store of a gas station. (I work there and just finished my shift) I made a RH turn and was going westbound towards the exit, driving between the shop and the pumps. Another vehicle going north bound drove into my car and hit the LH rear end side of my car, I drive a Pick Up truck. I called the police since I had damage and they estimated it below $1000. It turned out to be over $2000. I contacted our insurance company (ING) and they filed a claim. The other party changed their story and claimed I was at fault. We gave ING all the info, diagram, police report and police collision report (made up the next day at the police station after both party's were heard). The collision report states that I was going west bound, he was going north bound and that my damage is on the rear end, LH side and his damage is on the front bumper. The insurance companies want to settle on a 50/50. I told them we will not accept because what the other party is stating is impossible. First the third party said I came from the left. I told ING that that doesn't make any sense. The damage would be on the RH side. Then the third party client made a diagram stating I made a LH turn and cut him of. I tried to explain that it's physically impossible to hit his car with the last 10% of the side of my car on his front. Now the third party is saying that I hit him 'more on the side'.
ING is dropping us like a hot potato! When I asked them to look into it (damage, story change, impact possibilities, police collision report), all they said was "you don't have collision" and that's it. They are not willing to look into it. Now we are battling the third party on our own. Their appraiser took a look at our car, I gave him a big piece of the other driver's front bumper which he lost during the collision. He is saying that the other party's car was so damaged (their client said he had prior damage) that he could not determine who was at fault! and that it is possible he lost that big piece of his front bumper with me being at fault. How could I have hit him with the side of my car in such a way that the middle piece of his front bumper breaks of completely. Both cars were driving slow.
We explained to him that what the other party is stating is impossible, that we had pictures of his debree/bumper on the drive way in front of the pump, laying at least 1.5 meter in front of the area where you normally park your car to get gas. It's been laying there for days. He asked for the pictures. Yesterday I got a call form the third party saying that it is normal that his debree was laying there "A car can stick out a little bit" !!! And that it is still possible that I hit him with the last 10% of my car! I asked them if he was driving a limousine. I also told them that their client changed his story, I've been very consistent from the beginning and that his statement can be proven to be untrue. Then they told me I was driving to much 'on the LH side of the road' which is weird since they say I surpassed him and cut him of while parking in front of him in the parking lot of the store which means I would be going north bound. I mean, what was I doing driving to much on the LH side of the drive way which means going west. They are contradicting them selves.. (I've been working that evening so me coming instead of leaving doesn't make any sense but they say that doesn't count for anything) I asked ING and his insurance company to explain to us how I could have hit him. We are not getting any sensible answers. 50/50, that's it. I'm getting desperate now. We've been driving accident free for almost twenty years. Now our insurance goes up and we have to pay half of the damages ourselves. Is this all legal. Can insurance companies treat you like this. Isn't ING obligated to look at damage and what is possible with a car and what's not. They told us they couldn't send out an appraiser because we don't have collision. But shouldn't they at least look at pictures and the point of impact? The company that checked out our car said that they worked for our insurance also and that they would send the pictures they've made through. I was under the impression that they would be send to ING. During the last phone call I had with ING I found out that they never received / looked at pictures, that these pictures were send to the third party. Basically they looked at nothing! Two different stories? 50/50.
Do you have any suggestions for us. I'm sorry that it turned out to be such a long story.
With kind regards,
Marianne Bakker
AnswerHi Marianne,
Situations like this can be very difficult. Since you do not have collision coverage, do not expect your insurance company do anything for you. They will not expend time and energy unless you are paying for the coverage and even then only if you have them handle the claim.
parking lot accidents are hard to determine liability unless there are independent witnessess. People often change their stories. In this situation about the only thing you can do is to either accept the 50/50 liability or file a law suit against the other driver. Then you can bring your story and your diagrams and pictures and let a judge decide who is telling the truth.
I hope this helps
Richard Hixenbaugh
