Auto Insurance Claims: auto accident, small claims court, pine straw

Question
QUESTION: I was parked in our local Community Center parking lot.  A contractor putting
out pine straw had parked a low trailer about 8' in back of my car in a "travel"
zone (per police report).  The trailer had no cones around it and was not
visible from inside of my car. While backing out, the driver's side rear bumper
his the trailer causing $500 damage to my car (per body shop estimate).  The
trailer was undamaged.
I have not reported this accident to my insurance company (USAA) as I have a
$1000 deductible.  I feel that the company who owned the trailer is
responsible for the damage to my car and should pay for the repair, but after
2 phone calls, I have had no response at all.

Should I call my insurance company to ask for advice or send a letter to the
company who owns the trailer stating that I will take him to small claims
court, or take some other action?  I have no idea what to do.  I live in NC.

ANSWER: Hi Hazel,
I'm sorry to learn of your unfortunate accident.  I'm also sorry that I bring you the news that I see no way that you have a legal right to recover your damages from the owner of the trailer.
Under state law and insurance law, anytime you hit a non-moving object such as a tree, pole, parked car or trailer,
even if it was not legally parked, you are considered at fault.
In view of the above paragraph, it is not relevant that you could not see the trailer from onside your car.  Since you state that the trailer was parked behind your car, you should have been able to observe it while approaching and entering your car.
I realize that this was not the answer you were searching for, but it is the law that will apply if you pursue the matter.
Sincerely,
Bennie
San Francisco Bay Area 11-22-07 12:10 PM PST


---------- FOLLOW-UP ----------

QUESTION: Thank you for your prompt reply.

I neglected to state that the trailer was not visible as I walked to my car as it
was parked so that the back of the trailer was closer to the car parked to the
left of my car.  This was a long, low trailer that hauls equipment.  The tallest
part of it was the wheel covers. Also, there was no cab attached to the trailer.

Does this info make any difference to your answer?

I apologize for the follow-up question and taking more of your time.

Thanks again.

Answer
Hi Hazel,
Please follow up as ofter as you feel, no need to apologize.
Even though it was unable to be seen as you approached the car, it still is a non-moving object that you backed into and will be considered your fault.
I wish there was a different answer, but this one is the law and that's how it will apply.
Sincerely,
Bennie
11-22-07 11:16 PM PST