Accident Help Please!
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Accident Help Please!
I was recently in a parking lot and backing out of a space. I looked behind me and no one was moving so I focused my attention on the roadway and the cars parked to my right and left. After I started backing out a lady backed out of her parking spot into my car, hitting the drivers side rear quarter panel with the corner of her bumper on her passengers side. Both cars were angled in forward down a one way street, exactly level to each other on opposite sides. Since the back of her car hit into the side of mine, I obviously was backing out first, and I feel that I am not at fault, that she should have been watching for cars already moving in the traffic lane. I could not get a police report because it was in a private lot, so all I have are picture of the damage, and one witness in my car (which i understand is no good). However, I know that insurance companies do not care about getting my deductable back, just the amount that they paid from her insurance agency and will nto bother going into subrogation unless it is clearly obvious that I wasn't at fault. Has anyone else had the same problem or can you help me take an angle when talking to a claims adjuster?
Much thanks,
Hiro
Much thanks,
Hiro
AudiWorld Senior Member
Joined: Jun 2003
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Private lot
In a private lot, no one is considered at fault usually. Especially since you didn't get a police report. Basically it is up to you if you want to file a claim for your own car. It doesnt sound like the damage is very bad, so i'd just suck it up and pay to get it fixed. You're not getting her insurance to cover it.
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Re: Private lot
Surely, even though it is a private lot, one could deduce, from the damage, that one party is at fault. Because it is in a private lot does that mean that traffic laws don't apply, and that is why the police report can't be filed? I was stopped when I was hit, and there are no horizontal scratch marks in my paint. However, the damage is clearly over my 1000 dollar deducatable, as both the bumper and quarterpanel were dented 7-8 inches in diameter, likely beyond repair.
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Anyone else?
Yeah, silver, you are probably right and she probably WAS at fault. But basically yes, traffic laws do not apply in private lots. your best bet is to check with security and all stores to find a tape of the incident. Other than that you're SOL. and if the damage is that bad, you probably should claim it. you'll also be provided with a rent a car. I could be , and hope for your sake, that im wrong, but ive seen this situation a lot, and things aren't looking good for you.
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Joined: Sep 2003
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From: New Hampshire
then why can police bust you for driving crazily(ie donuts, drifts, etc...) in private lots?
THAT makes no sence, you can get away with crashing into people, but they will wring you neck for just driving spiritedly in one...
( I know ppl who have gotten their liscenses taken away(90 days or so) for parking lot antics, cop hit them with abuse of power, line violations, driving to endanger, anything that he could stick em with...)
How private does a lot have to be to be concidered a "private lot"? local walmart, grocery, and Kmart lots count?
( I know ppl who have gotten their liscenses taken away(90 days or so) for parking lot antics, cop hit them with abuse of power, line violations, driving to endanger, anything that he could stick em with...)
How private does a lot have to be to be concidered a "private lot"? local walmart, grocery, and Kmart lots count?
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Re: Anyone else?
Home Depot 2 years ago, hit and run; they would not allow anyone to view the security tapes unless by a court order, or by police request, police wouldn't do anything. They hit my driver's side fender, and driver's side back door. Completely missing the driver's door. I loved explaining that one to the insurance. "Well, how did they miss this door?"
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