Parking lot accident fault

by toni
(pittsburgh pa usa)

Jan 3 2009 i was parked in a lot that had one lane for 2 way exits. I pulled out of my spot was in a stopped position to put my car in drive to exit. These spots are straight in on both sides. The other car pulled out and hit my driver door with his back drivers tail lights. He refused for several weeks to respond to his insurance co calls, or so they tell me. he was driving a rental because of a previous accident.

I am being told now that because they had no photo of his rental cars damage and could not prove fault, they would not pay for my 900.00 repairs. They advised me that his car had less damage. How then could they not have photos before paying for the rental car repair???/ Both insurance companies have photos of my car.

What are my options? I believe that someone is lying. They are also saying that his property insurance is paying for the rental car not his auto insurance??????

Answer:

Hello Toni,

This is an interesting thing. His/her insurance company must do an investigation and must be able to see evidence. If they investigated the claim, pictures should be available. What the pictures will show is not the amount of the damage, but rather, the point of impact.

Point of impact is very critical to parking lot accidents, because it can tell an adjuster who was moving, who was stop, and who was already out of the stall. Sounds like you were out of your parking spot as your driver door was hit.

The other car rear lights were damaged, which would indicate you were right before him/her and they had more opportunity to see you. This often leads to 100% liability on the other party.

The question is two folded. 1. Do you have to have pictures of the other vehicle? Nope. Pictures are helpful, but they are not required. Your statement, their driver’s statement, a witness statement, a police report, or even a video (commercial parking lots often have this type of thing on tape) can show who is at fault.

You have two options here. You can call the rental car company and ask to see the car. Many times they will let you see it and take pictures. Sometimes they might take the photos for you and email them to you! You can only ask.

The second is to contact your own insurance company and ask them for the pictures. They can forward them to you by email, and or you can forward to the other adjuster. You can also ask your adjuster to forward them directly to the other insurance company.

The second part of your question seems to relate the failure of the other insurance to obtain an statement from their insured. Unfortunately, this is common, but they can make a determination by looking at the damages.

If the insurance company drags their feet, contact an attorney and consider small claims court. You can force the insurance company had.

see http://www.auto-insurance-claim-advice.com/small-claims-court.html

What about the damages being too much? They had to estimate the car for them to know this. Ask to see their estimate. If they are being unreasonable, contact a lawyer.

Good Luck
http://www.auto-insurance-claim-advice.com