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margaret1988

how do i get insurence to cover my claim?

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I was rear ended in parking lot.....

 

I started backing out first, saw other vehicle backing out also so I stopped. looked quickly in front of me to see if I could move out of the way and....CRUCH.

I was backing out first and had right of way, her vehicle had a small crack and I lost my left tail light and most the bumper was knocked off.

her insurance wont except my claims, or return my calls. all I have is a letter telling me I owe them 700+ for the damage.

also the way the cop filled out the report makes it sound like I'm to blame, like I hit her.

proof is in the way the scratches move down side of my van and knocked off stuff.

what should I do next

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ok, so what do I need most to prove my side?

I have before and after pictures, full police report and insurance guys letter to me.

do I need to takes pictures of the parking lot or draw some pictures to show how far out I was?

Also would having the cop change his story on the report help at all? i've talked to him since and he said he was not there and could not judge who is at fault, but his report  clearly states that I hit her.

 

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6 hours ago, margaret1988 said:

I was backing out first and had right of way

 

Just because you started "backing out first" does not mean you "had right of way."

 

 

6 hours ago, margaret1988 said:

her insurance wont except my claims, or return my calls.

 

What does "wont [sic] except [sic] my claims" mean?  Did her insurer deny your claim because it concluded that the other driver wasn't liable?  Or did it not even consider the claim?  How long ago did this incident happen?

 

 

6 hours ago, margaret1988 said:

all I have is a letter telling me I owe them 700+ for the damage.

 

Who are "them"?  Are you saying that, in addition to denying your claim, her insurer is seeking payment from you for the damage to the other driver's vehicle?

 

 

6 hours ago, margaret1988 said:

what should I do next

 

For starters, how much is the damage to your vehicle?  Did you make a claim against your own insurer?  At the very least, you need to notify your insurer that you've received a demand for payment.  Have you done that?  If not, why not?

 

 

13 minutes ago, margaret1988 said:
3 hours ago, RetiredinVA said:

Sue her.

 

ok, so what do I need most to prove my side?

 

Evidence that the other driver was negligent and that you were not negligent.  Were there any witnesses other than you and the other driver?

 

 

14 minutes ago, margaret1988 said:

would having the cop change his story on the report help at all? i've talked to him since and he said he was not there and could not judge who is at fault, but his report  clearly states that I hit her.

 

Since the cop did not witness the accident, he could not testify, and his report would be inadmissible, so it doesn't matter, even if you could persuade him to change his report (which is unlikely).

 

I suspect most claims involving two drivers backing into each other in a parking lot are going to be resolved on a 50/50 basis.

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First and only time I talked (few days after accident in October ) the insurance adjuster guy said to me..." they have not made a claim"

more then a month later I received the letter telling me to pay or they will go after my insurance to pay.

I am being accused of 100% liability. I was not moving when she hit me. i saw her and like I should,I stopped, but if she was looking over her shoulder like she should backing up  she would have seen me. I did not hit her, if I had I would accept my part.

I am going to assess damage today and talk to my insurance again.

I was told by my insurance company  to call the at fault insurer to work it out, but he has not responded to any of my calls or emails.

All the proof is on my van, I was not moving when she hit me, the force knocked off my bumper.

if I was moving or did back into her then the damage would be different.

all her insurance guy has to go on is her account of what happened and the police report, they have no other proof that I hit her.

would a statement from a mechanic about the damage and causes help?

 

 

 

 

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The pictures of your vehicle don't prove that you were or weren't moving at the time, and that really isn't terribly relevant.

 

If the other driver's insurer is denying your claim and seeking payment for you for the damage to her vehicle, then you need to get your insurer involved.  You'll have a choice to make a claim against your collision coverage (if you had it) or pay for the repairs yourself.  If you make a claim against your collision coverage, your insurer will pay for the cost of repair, less your deductible.  Then your insurer and the other driver's insurer will sort things out between them, and you'll likely be out your deductible.

 

There is a former insurance adjuster who posts here regularly.  He'll probably find his way to this thread and can give you some insight about how this likely will play out with the insurance companies.

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3 hours ago, pg1067 said:

There is a former insurance adjuster who posts here regularly.  He'll probably find his way to this thread and can give you some insight about how this likely will play out with the insurance companies.

 

That's me. I'll make a few comments.

 

12 hours ago, margaret1988 said:

her insurance wont except my claims, or return my calls. all I have is a letter telling me I owe them 700+ for the damage.

 

Unless you want to pay that out of your own pocket, or get sued, or have a collections account on your credit report, I suggest you turn that over to your own auto insurance company and let the experts handle it.

 

12 hours ago, margaret1988 said:

also the way the cop filled out the report makes it sound like I'm to blame, like I hit her.

 

The police report is not evidence of anything as the officer did not witness the accident.

 

I'll cut to the chase now and tell you that, in parking lot accidents when two people back out of spaces with no independent unbiased witnesses, there are no happy endings. The other driver's insurance company is not your insurance company and owes you nothing until and unless a court of law says so and says how much. The other insurance adjuster is free to deny your claim if he believes his own insured and then ignore you going forward.

 

5 hours ago, margaret1988 said:

ok, so what do I need most to prove my side?

I have before and after pictures, full police report and insurance guys letter to me.

do I need to takes pictures of the parking lot or draw some pictures to show how far out I was?

 

Anything you come up with will be considered biased and self serving by a court as would be anything that the other driver comes up with. The results are either going to be each driver pays for his own damage or they split each other's damage 50/50.

 

5 hours ago, margaret1988 said:

would having the cop change his story on the report help at all? i've talked to him since and he said he was not there and could not judge who is at fault, but his report  clearly states that I hit her.

 

He isn't going to change his report and it won't matter if you go to court because it will be inadmissible.

 

5 hours ago, margaret1988 said:

First and only time I talked (few days after accident in October ) the insurance adjuster guy said to me..." they have not made a claim"

 

That's because she made a claim on her own policy, her company covered her repairs and is now coming after you for reimbursement.

 

5 hours ago, margaret1988 said:

all her insurance guy has to go on is her account of what happened and the police report, they have no other proof that I hit her.

 

In other words, all they have is what she says and all you have is what you say. Nobody has "proof" of anything, other than it happened.

 

5 hours ago, margaret1988 said:

would a statement from a mechanic about the damage and causes help?

 

Wouldn't hurt to give it a try and submit it to the other insurance company. Keep in mind that the other adjuster is free to ignore it and if you went to court the mechanic would have to go to court to personally testify because his written statement would be inadmissible without him there to back it up. So, if you are going to get his statement make sure he is willing to take time off from work to go to court if necessary.

 

4 hours ago, margaret1988 said:

does this look like I hit anyone?

 

Could just as easily have happened by backing into another vehicle. I'm not saying you did, just pointing out that, without witnesses, your version of the accident is worth just as much (or just as little) as the other driver's version.

 

4 hours ago, margaret1988 said:

whole purpose is to know if I have a good enough case to take the lady who hit me to small claims court and win?

 

There's no way to predict. It looks like you have several thousand dollars worth of damage back there and the other driver had $700. If you don't sue you get nothing. If you sue you may have a shot at a 50/50 decision and half of several thousand is better than zero. I don't see either of you winning 100% in court.

 

The other option is to have your own damage covered by your collision insurance (if you have it) and then see if your own company will go after the other driver's insurance company to negotiate.

 

Trouble is, even if they agree that each driver is only partially at fault, it's still an at-fault accident on your insurance records for which you are likely to be surcharged.

 

 

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