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Some lady hit my car...

post #1 of 26
Thread Starter 
I am Sooooooooooooo ticked off! Some lady hit my car Saturday. It was a year and 2 days old. I'm 45 years old and this is the first new car I ever had.

She was stopped in a parking place when I pulled in. Her brake lights were not on. I didn't even know whether or not someone was inside. I pulled in behind her, looked to the rear, began backing - attempting to back into the space next to her. Then she started backing up, so I stopped and beeped my horn - actually, I laid on it. She kept backing up, so I tried to change gears so I could pull forward to avoid her, but I couldn't do it in time.

We got out of our vehicles and I said "You hit me!" She said - now get this - "You weren't there!" (Well, I WAS there long enough to pull in behind her, turn around, begin backing, stop, blow my horn, and try to change gears). She tells me again "You weren't there - I don't know how fast you pulled in here, but I looked both ways" (maybe so, but she DIDN'T look in back of her!).

She kept telling me I wasn't there. Finally I said "Lady, I didn't just drop out of the sky!" She said (here's a good one) "Its been my experience that people who say that are usually lying." (OK, I admit it - I used my transporter and dropped out of the sky.)

I insisted we call the cops. They came and found her at fault, but did NOT give her a citation. I got the police report and it doesn't list any of the accident details, but the officer told me that all I would need for my insurance company is the report number and they would give them the details. I went home immediately and reported the claim to USAA.

An adjuster called me this morning. I explained how the accident happened again and he said to me "Most of the time parking lot accidents are paid 50/50." WHAT?????????????? I wasn't even moving. I tried to avoid her, but she kept backing. She hit me! My adjuster said that he would try to back me, but if her story is different than mine, its my word against hers. I said - "What about the police report?" He says "The police were not there when it happened!"

My next option (which is, of course my first choice) is to go through her insurance company as a liability claim. Her insurance company SHOULD pay so that I don't have to absorb the deductible. If MY insurance company is already thinking 50/50, what chance do I have with HER insurance company? Anyway, I called State Farm and got the claim number, but they said they need to talk to her first.

Does anyone have any suggestions? Hopefully, she won't lie, but based on her attitude, I need to be prepared.
post #2 of 26
Incidents like this are why I keep a disposable camera in the glove box. It is a lot easier to prove a claim with pics.
post #3 of 26
Thread Starter 
Quote:
Originally Posted by BigKittenDaddy
Incidents like this are why I keep a disposable camera in the glove box. It is a lot easier to prove a claim with pics.
Good idea, but the lady who hit me moved her vehicle forward immediately anyway. When the police arrived she did not deny that SHE hit ME. My adjuster said that if she changes her story, she MIGHT get away with it by saying that the stress of the accident made her say the wrong thing. I'll fight this in small claims court if necessary because this is BULLCHIT!

...still waiting for the State Farm adjuster to call me.
post #4 of 26
Gah, how annoying So sorry that this has happened - but I do hope that you manage to sort it out soon. Please let us know what happens.

post #5 of 26
Thread Starter 
Thanks, I appreciate it!
post #6 of 26
Oh My! so sorry to heard that Robin......

some people doesn´t have to obtein their license to drive! ....Isn´t?...

hope all can be fixed soon.......keep us updated...
post #7 of 26
Good luck - accidents on private property (parking lot) usually never go settled. You'll most likely have to use your insurance or pay out of your pocket.

Be glad they didn't hit you when you weren't in the car! This is what happened to my car a few weeks ago when I went out on my friends boat to go fishing.. Someone jacked it up and took off. No note or anything, and my insurance won't cover it so I gotta cough up the coin



Good luck
post #8 of 26
Oh goodness!
I am so sorry this happened to you and your new car and even SORRIER that you were hit by such a moron! I must admit your line about using your transporter and dropping out of the sky cracked me up!

Don't have any good advice, but sending a hug and some good vibes your way that justice is served {{{{{}}}}}.
post #9 of 26
that damn lady and her car....... I'm feel so sorry for you, I hope you can fix it up.
post #10 of 26
Oh my gosh!
post #11 of 26
I have always understood that parking lots are private property and as such, if you get hit or hit someone you are each only liable for your own vehicle. I am SO careful in parking lots such as grocery stores or Walmart for that very reason. Your insurance will end up picking up the tab to get your car fixed, believe me. Such is life.
post #12 of 26
How infuriating!! Does she really believe you dropped out of thin air and landed RIGHT behind her car??? Also, is the woman deaf to blaring horns?? Sheesh!!! Good luck, I know it's frustrating!
post #13 of 26
Thread Starter 
Quote:
Originally Posted by CousinLarry
Good luck - accidents on private property (parking lot) usually never go settled. You'll most likely have to use your insurance or pay out of your pocket.

Be glad they didn't hit you when you weren't in the car! This is what happened to my car a few weeks ago when I went out on my friends boat to go fishing.. Someone jacked it up and took off. No note or anything, and my insurance won't cover it so I gotta cough up the coin



Good luck
That is horrible!!! You're right. At least I was there. There's no doubt in my mind that she would have left. Your car looks really bad. I'm so sorry.
post #14 of 26
can I sue steve for backing our nice car into a tree and ruining the hatch? LOL...sorry..

really i hope this works out for you Aok its such a pain in the booty...sometimes i wonder why we even booger with insurance cause they never wanna pay anyway.
post #15 of 26
Thread Starter 
BigKittenDaddy, Gilly, Rigel, CousinLarry, Amy, scampy14, WellingtonCats, ckblv, Sunnicat, and ScamperFarms - Thank you all for your responses, advice, and well-wishes.

If the lady doesn't lie I will have a good shot at getting her insurance pay for it. That way I won't have to incur the deductible. I just keep thinking - How can I be responsible? I wasn't even moving!

Sorry I sound like such a winer.

BTW, Rigel, Robin is a real nice name, but my name is Renee.
post #16 of 26
maaaaaaaaaaaaaaaaaaaaaaaaaaaan! what a stinker of a situation..i cant believe she said- you werent there...or whatever..man o man..i get afriad of parking/leaving parking everytime, because you have to watch what you are doing and what other people are doing..like slowly backing out and some jack comes driving fast right past you, and you totally could have ended up hitting him because he couldnt slow down or stop! its hard to see sometimes! and scary! :S but you were trying to change the situation..it sucks it happened! i saw this girl, totally back into this woman in a car right behind her. she was pulling into a parking garage at the college, im walking on the sidewalk, and for some reason she starts backing up and im looking at her like 'what are you doing?!" she didnt even look behind her. i dont know if the woman behind her noticed. if she did she didnt even do anything (at least you tried to get her attention and honked your horn), the girl totally just just cruised back into the woman, and i thought..man that sucks..i hope i never hit someone or that no one ever hits me! good luck! 50/50 is bs man! no way jose! was she an older lady? im talking seinor citizen or what she a young young teenager? not that it matters..i was just wondering. haha.
post #17 of 26
Thread Starter 
Well, she didn't lie!!! Her insurance company is accepting responsibility. It gets better. My car dealer recommended the same body shop that State Farm wants to use. When the work is being done, the rental car place will pick me up at the body shop. State Farm is paying all of them direct.
THANKS AGAIN EVERYBODY FOR CARING!!!
post #18 of 26
Quote:
Originally Posted by Rockcat
Well, she didn't lie!!! Her insurance company is accepting responsibility. It gets better. My car dealer recommended the same body shop that State Farm wants to use. When the work is being done, the rental car place will pick me up at the body shop. State Farm is paying all of them direct.
THANKS AGAIN EVERYBODY FOR CARING!!!
Good news. When our car was hit on a parking lot, the guy just paid us cash. It was a while back, and I think he didn't have insurance, so we were lucky. Because how could we have made him to pay if didn't offer to pay cash?
post #19 of 26
Thread Starter 
Quote:
Originally Posted by elizwithcat
Good news. When our car was hit on a parking lot, the guy just paid us cash. It was a while back, and I think he didn't have insurance, so we were lucky. Because how could we have made him to pay if didn't offer to pay cash?
Good! You probably couldn't - not without a lot of hassle, anyways. He probably would have been arrested though.
post #20 of 26
I'm really glad things turned out allright for you.
post #21 of 26
Wow...your car was munched. I am so glad that her insurance is paying for the repairs.
Lei
post #22 of 26
Thread Starter 
Quote:
Originally Posted by xocats
Wow...your car was munched. I am so glad that her insurance is paying for the repairs.
Lei
Thanks, but that picture was posted by CousinLarry. Mine wasn't as bad as that.
post #23 of 26
Thread Starter 
My car is fixed. State Farm paid in full for the repairs and the rental car. The bodyshop did a great job and even left a box of cookies with a card for me!
post #24 of 26
Super! So glad it worked out well. You are fortunate that you were able to deal with two of the very best insurance companies. Our readers should not expect things to go so smoothly when dealing with fly-by-nighters.

I will soon have been with USAA for 50 years, and I know from personal experience that they are the very best. Being able to go with USAA is one of the most valuable long-range benefits of having been in the military. Not only will they treat you fairly, but they will go to bat for you with the other insurance company when an accident is not your fault.

With respect I must venture another comment. One of our gentle readers mentioned that people may be responsible for damage to their own vehicles when in some parking lots, regardless of who is at fault. This, in general, is not the case, even when the lot posts a sign like we have all seen, something like "Persons are responsible for damage to their own cars." Such a sign may sometimes protect the owner of the parking lot himself, but certainly not a negligent operator of another vehicle. In fact, such a sign will, in most states of the US, not even protect the owner of the lot, if damage is caused by the owner, operator or employee of the lot. I mention this so that our gentle readers not be misled by such a self-serving sign and fail to pursue a rightful claim, to their own regret and expense.

Good cheer to all --

Jim
post #25 of 26
Thread Starter 
Quote:
Originally Posted by Beach Bum
Super! So glad it worked out well. You are fortunate that you were able to deal with two of the very best insurance companies. Our readers should not expect things to go so smoothly when dealing with fly-by-nighters.

I will soon have been with USAA for 50 years, and I know from personal experience that they are the very best. Being able to go with USAA is one of the most valuable long-range benefits of having been in the military. Not only will they treat you fairly, but they will go to bat for you with the other insurance company when an accident is not your fault.

With respect I must venture another comment. One of our gentle readers mentioned that people may be responsible for damage to their own vehicles when in some parking lots, regardless of who is at fault. This, in general, is not the case, even when the lot posts a sign like we have all seen, something like "Persons are responsible for damage to their own cars." Such a sign may sometimes protect the owner of the parking lot himself, but certainly not a negligent operator of another vehicle. In fact, such a sign will, in most states of the US, not even protect the owner of the lot, if damage is caused by the owner, operator or employee of the lot. I mention this so that our gentle readers not be misled by such a self-serving sign and fail to pursue a rightful claim, to their own regret and expense.

Good cheer to all --

Jim
Thanks, Jim and welcome back to TCS!
post #26 of 26
My advice would be to CHANGE insurance companys! The whole thing is a load of bull and sounds to ME like your insurance company is just trying to weasle out! Of course in a perfect world she would have admitted her fault and HER insurance company should pay for EVERYTHING. Good luck.
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