E
Earthman
Guest
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
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