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Backed into in a Parking Lot While Backing, Was Completely Stopped After Backing

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Kaskade

Junior Member
What is the name of your state (only U.S. law)? Indiana

The accident occurred in a private parking lot however the other party refused to provide their insurance information so I did call the police department and get a case number.

I was in my car and prepared to back out of the parking spot - the spots in this lot are not slanted and face west<->east. I had looked behind me and backed all the way out of my spot and had come to a complete stop when I felt an impact. I got out of my car and saw that another driver had backed into the driver side rear door and quarter panel of my car with the rear right corner of their bumper.

The other driver was a minor that was just recently licensed and he refused to provide me his insurance information so I contacted the police department at which point the other driver's family showed up. They tried to offer me money for the damages ($50~100) and told me not to file a claim that they would cover the damages and to get them the estimates from the shops. I told them that I would get the estimates and then they could decide if they wanted to pay the damages or not.

After getting two estimates I contacted the other party and they essentially told me to get lost, etc. I filed a claim on the other party's insurance policy however that insurance company seems to have jerked me around for about 2 or 3 months at which point they simply told me that there was "not enough evidence" and that since both parties were backing that they were ruling it no-fault and declining my claim.

The damages to my vehicle are in the $700~900 range and I have high resolution photography of the damages at the accident on both vehicles. Their vehicle has a small scuff where as my door and quarter panel are dented. It can be seen from the scratches and the dent on my vehicle that the impact happened in the door and then continued down the side of the car towards the rear quarter panel.

Since their insurance company denied the claim I am considering filing a claim in small claims court however I wanted to get some insight into how accidents such as these are generally treated/handled. It's entirely possible that a court would find the same ruling as the insurance company or it could be that the other insurance company is just playing hard ball with me, I'm not knowledgeable enough in this aspect to know which is which.

It simply doesn't make sense, in my mind, for them to impact my car with the right rear of their car in my driver side rear door and for it to be "no fault". I'll be more than happy to clarify anything if you need more information, I am trying to keep this concise.

The other insurance company claims to have a video tape from the parking lot of the accident. Is there any way that I can request this from them or do they have no legal requirement to provide me a copy? They said they got it from the police department, however the police department is giving me the run-around (and has been for weeks). I know exactly what happened so if there is a tape, ultimately it would be good for me to have a copy to present as evidence.

Thank you for your time!
 


ecmst12

Senior Member
You can take your chances in small claims court. I tend to doubt they actually have a video, but if they do they'll want to show the court.
 

Kaskade

Junior Member
What is interesting to me is that when the officer was there I did ask them to check the cameras. The officer said that she would and if there was anything to see (i.e. the accident was captured) that she would give me a call. She never called me and when I tried to follow up with the officer I could never get in touch with her.

As far as I'm concerned, if they have a video, I'd love for them to show it. If anybody else has any thoughts on the subject or any advice I'm all ears. I'm probably not going to file until the beginning of February to give me some time to prepare my case.
 

ecmst12

Senior Member
Not necessarily. The nature of the damage can show whether he was stopped or moving at the time of impact. If it's a clean dent with no sideways scuffs, that's evidence. It's not the STRONGEST evidence in the world, but it's still evidence.
 
Not surprised the cop did not do anything .. they are useless.

Now in court, the judge will decide who is lying & who is not ... and rule one way or the other.

Its only a grand so so head .. don't be surprised if you win & the def will not pay :)

What you going to do if the insurance co. want to replace the driver as a defendant? Think about this senario..
 

TheGeekess

Keeper of the Kraken
Not surprised the cop did not do anything .. they are useless.

Now in court, the judge will decide who is lying & who is not ... and rule one way or the other.

Its only a grand so so head .. don't be surprised if you win & the def will not pay :)

What you going to do if the insurance co. want to replace the driver as a defendant? Think about this senario..
Like you really know. :rolleyes::rolleyes::rolleyes:

You know, if you bathed really good and put on some antiperspirant, I bet you could get a date. Or maybe not. :cool:


George1776 George1776 is online now
Member

Join Date: Dec 2010
Posts: 204
Body spray
What is the name of your state (only U.S. law)? Fl

I bought some body spray because their TV ad showed girls were affected by the product wherein they are compelled to "please" the male that wears it.

Yet, when I used the product it did not have this affect.

Can I get my money back for this product? I called the company & they denied my request. Maybe class action suit?

I'm 16 yrs old .. can I file suit?
https://forum.freeadvice.com/dangerous-defective-products-17/body-spray-537316.html
__________________
 

Kaskade

Junior Member
Not necessarily. The nature of the damage can show whether he was stopped or moving at the time of impact. If it's a clean dent with no sideways scuffs, that's evidence. It's not the STRONGEST evidence in the world, but it's still evidence.
Well based upon the parking lot, the points of impact, and the fact that I have scratches that go from front to back, it's pretty obvious even to the common person that my vehicle was impacted from front to rear. As long as the other person doesn't lie (which they already have about other things) about the way we were parked, there's no real good way for me to get a front-to-back dent+scratch on my driver side rear door unless I were to be coming around their car on their right side and cut it too close.

I'll see if I can't get my hands on this supposed video, does anybody have any advice on procuring a copy from the insurance company or do I have no choice but to go to the police department? The department has been less than helpful so far.
 

Labtec600

Member
I highly doubt the other insurance company has a copy of the video. If they do have a copy of it, it should be an easy answer in who was at fault. If it's you, it would be an easy denial. If you both were backing, it's an easy 50 - 50. If you were out and stopped, it's an easy payment.

Most places do not release video unless served with a subpoena. Also if it's been months since the accident, I am willing to bet the tape doesn't even exist anymore as most places will record over the same tape within days/weeks to save money.

The problem that is facing you is that the burden is on you to prove that you were backed out and stopped when the other party backed out and hit you. Because it's being denied outright, I am going to guess the other party is claiming the same thing - that they were backed out and you backed up into them.

You could try to sue in small claims in hopes that the other driver makes a horrible witness. Not to mention the fact that if the other company does in fact have the tape, that would be brought out....

Or the other company may decide to settle instead of going to trial. Another option for you is to file with your own insurance and let them take the case to Arbitration if both parties are members.
 

Kaskade

Junior Member
The video would have been released to the officer the day of the accident, as I requested that she go inside and get a copy. I know exactly what happened so if there is a video, it would be open and shut in my favor I do believe but then again I'm not a lawyer.

I'll go down to the police department and press for the video - if they tell me there isn't one or never was one then I will just get with my insurance company as they've already decided it wasn't my fault, I just haven't formally hit the "go" button on the claim.

If there is a video, I'll get a copy and go to court... Who knows, maybe they will settle before going. I'll have to look into what I can file in addition to the damages such as filing fees, my time, etc... Lots of research for me to do.
 

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