Auto Insurance Claims: auto damage,liability, parking lot accidents, nissan maxima


Question
i really am trying to find out where the damage would typically occur on each vehicle in a case where a driver was backing up and hit my son who was traveling in the parking lane in a parking lot, the current damage on vehicle backing up(2000 chev c1500 truck) is driver side rear bumper about 2-3 inches from the corner and his bumper is slightly misaligned in that area, on the vehicle that was hit (1997 nissan maxima)the damage is driver side corner,top headlight and corner of hood area. The backing up driver told his insurance that he was already backed up and my son hit him. I feel that if my son hit him while he was already backed up that my son's car would have damage elsewhere? My son is 1 month from 17 years old and I feel like he is being called a liar just because he is a young boy. I am not the sort of mom that thinks my kids do no wrong, but I raised my son to just tell the truth and I sort of think he would be a little scared of lying in this situation. So the other drivers insurance stated that they would not be able to repair my sons car because the 2 stories are not the same. What kind of person would I contact to assess the damage other that the adjuster that works for the insurance company? Also I asked for a copy of the claim file and was told I could not have a copy of it, is that true?

Answer
Hi Brenda,

It is very difficult to determine liability in parking lot accidents. There are too many variables. Most insurance companies will simply take a statement from each driver. In most cases an insurance company will take the side of their own insureds story since that is the person paying them premiums. The insurance companies claim file is their property and they do not have to give you a copy.

If you have collision coverage on your sons vehicle, you could make a claim on your policy. Then your insurance company will do an investigation as well. If they fee the other party is at fault, they will pursue the other insurance company for reimbursement.

I hope this helps
Richard Hixenbaugh