Hit while parked

[jamsong]

What is the name of your state? Oregon

I pulled right into a parking space and then the lady to the right of me pulls out and puts a long scratch starting from the middle passenger door to the bulge on the wheel well. Her damage is on her front left bumper. I took a phone picture of my car in the parking spot and I'm 10 inches within the parking line to my right. Therefore, she went over the line, 10 inches to hit my car. She acknowledged that picture.

Here's the ridiculous part... she claims that she never saw me, that I was moving (!?) and it's my fault... that I should have waited for her to get out of her parking spot. She claims that while she was backing out, I raced into the parking space. Moreover, she stated that the point of impact was when my car was almost parked. Personally, I think she didn't know how big her car was especially since the car she drove was not hers.

No witnesses and police wouldn't come out for a small accident in a parking lot. Damage to my car, $2,300. Well, her insurance company is standing by her (flawed) story and thinks both parties should pay 50/50. My insurance company is subrogating but my adjuster thinks it will be tough to prove since we had no witness and police report. I think this is total BS. She has a small scratch on a small area of her bumper, while mine stretches for 15 inches.

If my insurance company decides not to arbitrate, can/should I take this lady to small claims court? Thoughts on who's at fault? If I'm out of luck, let me know, I won't be offended... I'm just looking for advice & opinions.

Here's the part where I'm a little suspicious and paranoid, I have a $1,000 deductible... thus my insurance company pays $1,300 for my damage. The other car only had a scratch on the bumper and I'm not sure if the other party will even fix their damage. So, if the insurance companies agree to 50/50 on my damage, that brings the cost down for each party to $1,150. Does that mean that I still pay my $1,000 deductible and my insurance pays $150? From a financial standpoint, it sounds like the best thing for my insurance company to do is to just settle at 50/50, close the case and then raise my insurance rates.

 

[seniorjudge]

You pay your deductible.

"...If my insurance company decides not to arbitrate, can/should I take this lady to small claims court? Thoughts on who's at fault? If I'm out of luck, let me know, I won't be offended... I'm just looking for advice & opinions...."

Take her to small claims for the amount of damages you incurred. The circumstantial evidence seems to favor you but this is really a tough case. It could go either way.

 

[jamsong]

Thanks for the quick response. It's good to hear from an informed, objective source.

From circumstantial evidence, how is it unclear?
- I have the photo of my parked car acknowledged by the other driver.
- She claims she did not see me but claims that I was moving.
- I have a 15" scratch and dent whereas her damage is localized in a small area.
- Her damage is on the front of the vehicle whereas mine is toward's the rear.
- We both acknowledge that the point of impact is where I completed or almost completed my parking manuever.
Her story is flawed and she changed her story to my adjuster midway. I asked how but my adjuster said she could not disclose that.
Even if I was moving and I almost completed my parking manuever, shouldn't it be the other partie's fault since I should have the right of way?

Also, am I being paranoid about my insurance company basing their decision on financial numbers or will they do what will make their customer happy?

Finally, if this does go to arbitration and the result is not what I wanted (I want 100%) can I still take this to small claims court?

 

[seniorjudge]

Thanks for the quick response. It's good to hear from an informed, objective source.

From circumstantial evidence, how is it unclear?
- I have the photo of my parked car acknowledged by the other driver.
- She claims she did not see me but claims that I was moving.
- I have a 15" scratch and dent whereas her damage is localized in a small area.
- Her damage is on the front of the vehicle whereas mine is toward's the rear.
- We both acknowledge that the point of impact is where I completed or almost completed my parking manuever.
Her story is flawed and she changed her story to my adjuster midway. I asked how but my adjuster said she could not disclose that.
Even if I was moving and I almost completed my parking manuever, shouldn't it be the other partie's fault since I should have the right of way?

Also, am I being paranoid about my insurance company basing their decision on financial numbers or will they do what will make their customer happy?

Finally, if this does go to arbitration and the result is not what I wanted (I want 100%) can I still take this to small claims court?

I said the circumstantial evidence seemed to FAVOR you.

As far as right of way goes, I would say that is another 50-50 shot.

Arbitration: It depends on the arbitration agreement you sign when you go to arbitration. If it is binding, you must accept what the arbitrator sets. If it is not binding, you may be able to sue in small claims for YOUR loss (not the insurance company's).