QuestionI had an accident in a university parking lot. I hit the other vehicle because she did not stop at the stop bar and I had right of way and no stop bar. She filed a claim worth her insurance company on December 3rd and I have been on contact with them.Her car had a scratch and dent and my car was not drivable because my front in is badly damaged and tire was bent in. I had my car towed through my roadside assistance and it has been sitting at an impound every since November 30th. I just talked to her ins company and they are now saying they may not be liable because the accident was on private property and they will let me know when they make a decision. I am worried about the cost of getting my car out of the impound the longer its sits there and having to replace my own vehicle because I only had liability. (I drive a 1993 corolla. I need some good advice and my agent doesn't seem to care that mush. Help please.
AnswerHi Ashley, I normally would have been able to answer your question within 2-4 hours, but this week has not been normal. My grandson was severely injured in a Judo Tournament in San Francisco on Sunday and is still hospitalized in SF. I am trying to spend about 12 hours per day with him (grandfathers always have to be helpful).
The first thing that you need to do is get your car out of impound. That's probably costing $45 or more per day.
Her company making a statement that they may not pay because it happened of private property is totally ludicrous. The same driving laws apply in parking lots as they do on city streets.
If there were no independent witnesses (meaning someone who was not an occupant of either car), it would have been in your best interest to have called the campus police to make a report before either car was moved. There is every possibility that she reported the accident in a way that stated you were at fault. Without independent witnesses or a police report to contradict her statement, her insurance company is required by law to accept her statement as being the full truth. Most cases like this are usually settled on a 50/50 basis, meaning that you can collect 50% of your damage and storage from her company and she can collect of her damage from your company. Since you did not carry collision, your company was not obligated to pay out any money toward repairing your car. Under state law, your insurance company is prohibited to provide you any help or 'free' legal advise. We, as voters, seem to have a propensity to elect attorneys to our state legislature. The Bar Association has a very powerful lobbying group and they have been able to convince their 'friends' in the legislature to pass such a law in all 50 states.
I hope things work out in your favor, but you should be prepared for at best an offer of 50%.
I hope this has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay area 12-11-07 12:27 AM PST
