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Driver Hit an Unoccupied Parked Car, Claims it Was in Motion

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LOCAL3JO

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

Hello , I have a situation and I thought maybe somebody can help

So last month I went to a friends house to help him pump out the water from his basement. There was 8 of us in the house. After an hour ,I get ready to pack up and leave. All of a sudden we heard a real loud bang, all of us thinking that a transformer blew up because of the bad weather.we all run out side to see my car was hit in the front and the axle was broke and the car was sitting on the tires. I look up the block about a 100ft and there was the car that hit mine ,it was disabled. In the car i found a woman by herself , I asked if she was ok she said yes . I asked what happen she replied I didnt see the car. We call the cops and he makes the report out with our statements. I asked the officer do you need my license? He replies no cause you were parked. He wrights on the report that she struck my parked car.

The next day I report it to her insurance, They say ok we need to speak to our insured before we can accept liabilty.
For 16 days they can not get in touch with her finally they did on the 17 day, and the next day they notified me and the collision shop they will accept.

Now 2 more weeks go by and her insurance company calls me to say, hey she had the report amended and now it says that I was in the car and I suddenly pulled out and hit her, which is a complete lie. What should I do?
 


Zigner

Senior Member, Non-Attorney
Either let your insurance handle it, or (if you don't have the appropriate coverage for that), sue the lady.
 

nickharder111

Junior Member
You need to Speak a lawyers who work as No Win No fee Basis and explain full incident to them and submit all paper you got from Insurance company including Police report , if you have witness with you than would be better for you.
 

Zigner

Senior Member, Non-Attorney
You need to Speak a lawyers who work as No Win No fee Basis and explain full incident to them and submit all paper you got from Insurance company including Police report , if you have witness with you than would be better for you.
Disregard this rubbish. There is NO attorney that is going to take on a minor property-damage claim on contingency. This is a small claims matter, plain and simple (assuming the OP doesn't have comprehensive insurance.)
 

Dave1952

Senior Member
Whatever report was amended will be trumped by the 8 guys who were with the OP when his car was struck. Out of 8 guys he should be able to get some notarized statements,, maybe even a witness.
 

ecmst12

Senior Member
Notarized statement = useless. They would need to be willing to testify in small claims court that they either witnessed the accident or that they were with OP (who was not in the car) when the accident occurred.
 

HighwayMan

Super Secret Senior Member
tHE POLICE REPORT ALMOST 3 WEEKS LATER. cANT BELIEVE THE COP CHANGED HER STORY. nOT rIGHT!!!
So go and get it amended yourself. Speak to someone about the amended report and find out why such a major change was permitted. Did you file your own accident report with the DMV?
 
Last edited:
Notarized statement = useless. They would need to be willing to testify in small claims court that they either witnessed the accident or that they were with OP (who was not in the car) when the accident occurred.
But they are his friend, wouldn't the judge think they are biased?
 

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