hit in a parking lot

[sonka1]

What is the name of your state? California
My daughter (age 16 w/ valid driving permit) who was driving and myself pulled through a parking space and made a right turn down the parking isle towards the exit. We had already made the full turn and had passed two car spaces of the parking spaces across from us when another vehicle backed into my drivers side door. We did not file a police report but exchanged insurance info. I contacted her insurance within 30 minutes. 5 days and 2 inspections later, the other parties insurance states that they will only pay 20% as 80% of the accident was my daughters fault for making an improper right turn in a parking lot. What is that? The parking lot did not have one way isles. I have now contacted my own insurance to have them take care of it but should I have filed a police report? The back end of the other car hit my door - they estimate $2400 in damage, how can they say it was my daughter's fault? Can they really only pay 20%?

[teflon_jones]

You're required to file an accident report since the damages exceed $750. See the information on the CA DMV website here:
[url]http://www.dmv.ca.gov/faq/genfaq.htm[/url]

It's about halfway down the page.

Your insurance company isn't going to accept their judgement and pay 80%, but how much they do pay you'll have to wait and see. If the damage to your car was only on the driver's door area as you stated, then the other driver should be held 100% at fault. But I don't work for your insurance company, I'm only giving my opinion.

[Meatcutter]

Originally Posted by sonka1

What is the name of your state? California
My daughter (age 16 w/ valid driving permit) who was driving and myself pulled through a parking space and made a right turn down the parking isle towards the exit. We had already made the full turn and had passed two car spaces of the parking spaces across from us when another vehicle backed into my drivers side door. We did not file a police report but exchanged insurance info. I contacted her insurance within 30 minutes. 5 days and 2 inspections later, the other parties insurance states that they will only pay 20% as 80% of the accident was my daughters fault for making an improper right turn in a parking lot. What is that? The parking lot did not have one way isles. I have now contacted my own insurance to have them take care of it but should I have filed a police report? The back end of the other car hit my door - they estimate $2400 in damage, how can they say it was my daughter's fault? Can they really only pay 20%?

Ask the other insurance company for an explanation. You may not know what their insured is saying to them.

[sonka1]

Thanks for the link to the DMV website - I would have missed the deadline to file.

Also, the other parties insurance is saying that we did not allow adequate space for their client to back out and that we made an improper turn in the parking lot. They are also saying my witness did not hear my horn. I find it all so fascinating because it doesn't matter where we turned from, we weren't turning when she backed into us - the turn was complete and we had traveled past 2 or 3 parking spaces. I haven't heard back from my insurance company but other people have been telling me that with parking lot accidents they typically go for a 50/50 deal. The body shop I went to estimated almost $3000 in damage which is quite a bit more than the other insurance estimated.

[fejee]

physical evidence tells the OP is at fault for this ax. fight this one and if need be, involve the dept of ins. i would like 2 know why did the OP not see ur car when he/she was backing out of his/her parking space. since OP is backing out, he/she has a greater duty of care.

good luck.

[stephenk]

just file a small claims action against the other driver. take photos of your car damage. you may also want to take photos of the parking lot where the accident happened. bring the repair estimate.

you would ask for the property damage along with car rental for the number of days your car will be in the repair shop.

[CdwJava]

Originally Posted by sonka1

I have now contacted my own insurance to have them take care of it but should I have filed a police report?

This will be entirely a civil matter between the parties and the insurance companies. A police report now would not do any real good as the police would be forbidden to establish "fault" in the report (pursuant to CA SWITRS policy) and it would merely be a regurgitation of whatever you told them.

- Carl

[sonka1]

Originally Posted by Meatcutter

Ask the other insurance company for an explanation. You may not know what their insured is saying to them.

I found out that the witness told the other parties insurance that my car made a right turn causing us to be slightly over the center of the isle when the other party backed into me. Her insurance then determined that we were not within her view and therefore we were at fault. My insurance is saying that they cannot do anything until they recieve the statement from the witness written by the other parties insurance. They have received testimony from the driver of the other vehicle (83 yrs old) and she said she did not look over her shoulder, but used her rear view and side mirrors to back. I did file a claim with the department of insurance but I don't know where all of this is going. I know that there are times when even driving down certain parking lot isles you are slightly over center do to automobiles that stick out & such - does being slightly over the center give cause for this accident to be mostly our fault? There are no lines down the parking isle that indicate you must stay on one side or the other - I know it is courtesy, but I also know that when backing you have to show courtesy as well - am I way off base here?