What is the name of your state (only U.S. law)? California
Hi! I would really appreciate any advice or expertise you can offer on this matter. I was involved in a fender bender in which the other driver was 100% at fault and it seems her insurance company is trying to deny the claim. Thanks in advance for your help!
Basically I was driving a loaner vehicle as my car was in the shop. I was in a parking garage and pulling out of a space, I was next to a pillar and being extra careful as I backed out. At one point I came to a complete stop for about 30 seconds, the car was about halfway out of the parking space at this time.
Suddenly as I was watching out the back window I saw a flash of white as a BMW SUV pulled very quickly out of the parking space almost across from mine behind me. It was obvious by how fast it happened she had just swung into reverse and hit the gas without looking. I went for the horn, but it was too late, the driver of the SUV backed into the rear passenger side fender of my car.
I got out and surveyed the damage. My car had a giant dent on the rear side fender (an area that clearly shows that she hit me, as there's no other way to incur damage in that area) There are no scrape marks and that proves that my car was not moving at the time of impact. We didn't back into each other, she backed into me. However, it seems her insurance company is trying to suggest otherwise.
The driver of the SUV's bumper had come lose and she very nonchalantly popped it back into place, so the damage to her vehicle was nearly nonexistent. At this time she tried to with hold her insurance information, she asked me to lie and say it was a hit and run. She didn't apologize, but kept saying "I don't know what to say" and acting as though she hadn't done anything wrong, and being rather rude about it. Finally I did get the insurance info, and they are being very difficult.
Regardless, she backed into me. Is there anything I can do? The parking garage says they can provide video footage to the insurance company so that could clear up the liability. I am just shocked that they are trying to turn this around when it seems so cut and dry. What is the precedence in a case like this, is it not the person who hit the other person is at fault? If I was already half way out of the parking space and stopped, and she hadn't even started backing out yet, was I not in the right of way? I really appreciate any advice, thank you!