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.
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.