Parking Lot Accident - Insurance Woes

What is the name of your state? California

On Thursday, Nov. 4th I was in an accident in a parking lot. I was stopped (in the lane of traffic) behind another car that was waiting for a space to open up. I wasn't stopped for more than 2 seconds when the SUV to my right began backing out of its parking space and into my right front fender. I had tried to get my car into reverse as she rolled towards me, but found it very difficult to get in gear while at the same time watching my rear view to insure that I wouldn't hit anyone. At the same time, my passenger was banging her hand against the windshield and yelling, "STOP!". I didn't think to honk, my brain just wouldn't react quickly enough.

The first thing the other driver said as she stepped out of her car was, "six of one, half dozen of the other." Implying that we were equally at fault. She seemed to believe that because she couldn't see me, I was somehow to blame. I was really upset that she would make such a claim, when it was clearly her fault, but she seemed so scared (nervous, worried), I just let it pass. Though I did not at anytime agree with her.

We exchanged information and I attempted to call the police, but the dispatcher told me that unless she was being belligerent there really was no point in sending a sheriff.

The accident happened on a Thursday and I was able to speak with my insurance company by Friday - they took my statement and made it very clear that I was not at fault.

Tomorrow it will be two weeks since the accident, and her insurance company still has not spoken with me, or made a concerted effort to do so. I've left 10 messages on her claim rep's answering machine and have even spoken with his supervisor. After speaking with the supervisor, he did try to contact me - and I MISSED THE CALL (yelling at myself), he has not called back since and I've now left two new messages with him. How long should I reasonable expect to wait before these people make a genuine effort to call me back?

I'm also wondering, if I take these people to court, can I sue for legal fees as well as damages - I don't think this thing should cost me a single penny. And when I win (which I'm sure to do), how would the payment be structured? Am I going to have to deal with monthly payments, or will it all be paid upfront?

Hope this post isn't too long - I apologize if it is...

Thanks,
Daniel

Goodness! This is EXACTLY what happened to my car and I am in pretty much the same situation (see my post from yesterday on the insurance company stalling).

In our case, we were told two weeks ago that we have a recorded statement from the person but yesterday again, the agent says they are trying to get a recorded statement from the woman who hit our car! Huh? It's pretty clear they're deliberately prolonging this, possibly to wear me out. I don't know if there's a legal recourse. You can't imagine the time I've wasted on this problem all for no fault of mine.

Can somebody respond to this post with advice and you'll kill two birds with one shot. Thanks.

vasu20, I just read your post and I'd just like to mention that I have spoken with a lawyer (very briefly, by phone), and he did not hesitate in telling me that I could take the driver to small claims court and expect a win. What he didn't tell me was how the whole thing would pan out, i.e. whether I could recover legal fees, how much it would cost me out of pocket to get started, etc.. I would assume that you also have a case.

Truthfully, I'd much rather NOT go to court. I just want my car fixed - It has a brand new paint job (less than a month old) and is in otherwise excellent shape despite its age (1991). To have some jerk in an SUV carelessly smack into me without the slightest concession as to fault is just burning my craw.

Hi Earthman, thanks for the advice. I was told by the agent that the woman is not returning her calls and that she has "procedures to follow". If this prolongs more and more, I plan on threatening a lawsuit on the woman. Maybe that will make her act.

vasu20,

Well I just left another message with the insurance co. - I used the word lawyer this time, and was very direct in asserting their need to pay for my car. Up until now, I've been very civil - I hope this new tactic works. I'll post if anything comes of it. Crossing my fingers...

vasu20,

Just thought I'd update you. I mentioned in my last post that when I called the insurance rep. this morning I had been very direct, and used the words "lawyer" and "I really need you guys to pay for the damage to my car"...This strategy seems to have worked. For the first time in 2 weeks I got a call back, and the guy was fully on my side. He told me to go ahead and get an estimate at a shop of my choice and to send him the totals. If the cost of the repair is within his budgeted range, he will send me a check, and this whole god awful mess will be taken care of!

Anyway, I was sure you'd like to know how this was resolved. It seems that the word "lawyer" is VERY MOTIVATING. It seems also to have helped being very confident as to the circumstances of the accident and as to who was at fault - he seemed to pause menacingly at several points as I told my side of the story, and when I was finished he sort of sat there for a few seconds before saying anything else. I got the distinct impression that he was giving me a chance to scew-up my claim by saying something damaging.

Also, I tried to end the conversation on a possitive note by telling him that I wasn't so much angry with his behaviour (which I was), but with the circumstances. And I made sure to thank him for calling me back - no sense turning the apple cart over a second time...

Of course, it's entirely possible that this isn't the end of it, I mean, he could pull some insurance rep. slight of hand at the last moment - but for now at least, things seem to be moving in the right direction.

I realize this isn't much, but I hope some of it helps you with your situation. I cannot believe how stressfull this has been.

Anyway, be confident, and good luck!

Hey Earthman,

That sounds great and thanks for posting the update. Tomorrow I will use the L word and see what happens. Will post on progress.

Just wanted to update earthman and others on this. I threatened to take legal action the day before but nothing happened yesterday. Today the insurance agent told me that the woman's car was NOT insured at the time of the accident. I also was able to speak to the woman who hit my car today and she believes she HAD insurance. Anyway, the agent told me that the woman had admitted that it was her fault, so that's good news for me. I plan to use my insurance company now. I doubt my premium will go up because it was not my fault. Will update later.