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Parking Lot Claim

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Adam22

Junior Member
What is the name of your state? Florida

I was in Quizno's parking lot and was backing up in order to straighten out to get into a parking space. I seen the parked car behind me and was going slow because my truck has sensors and lets you know when you are getting close. There was another car sitting behind me waiting for a parking space to open up. That car hit his horn while I was backing up and I stopped and pulled forward into the space. The passenger from the car waiting for a space hopped out of the car and ran into Quizno's and got the owner of the parked car that they claimed that I had hit.

This guy came out of Quizno's like a complete jerk. He was saying that he needed a rental car and caused a big sceen. His car had very minor damage. I needed to get to work so I gave him my information and left. He never got a police report or anything. He calls me a couple days later asking me for more information to add to a police report that he was filling out. I didn't give him any information because the police report wasn't taken on scene. Now he's taking me to small claims court and he says that he has all these witnesses and that I'm going to have to pay $800 dollars for this damage.

I know that I didn't hit him because I felt nothing, I have sensors that go off when you get close to something, and there was no damage to my truck. He's claiming that there was no damage on my truck because my hitch had hit his car.

Help me, someone tell me what to do here. I feel like I'm going to have to pay for something that I didnt' do.
 


Zigner

Senior Member, Non-Attorney
You are in a bind on this one.

They have a (presumably) disinterested witness AND damage to his car.
You need to rely more on your own "sensors" and less on your vehicles. They, apparently, didn't work as you expected this time.
 

Adam22

Junior Member
I know that I didn't hit him. Does it matter that he didn't get a police report on scene. I told him to call the cops and he said that we didn't need to involve the police. For all that I know this witness is one of his friends that he got afterwards. The people that were in the car waiting for a parking spot didn't stick around. They got him and then walked away. Never even talked to them.
 

alnorth

Member
I know that I didn't hit him. Does it matter that he didn't get a police report on scene.
No. Call your insurance and be prepared to either take the insurance rate increase or pay out of pocket, because I dont see how your going to win this one.
 

ecmst12

Senior Member
Well, your insurance will look at your car and his car and see if the claim is reasonable. If it isn't, they will go to court for you (or help you go yourself if they can't get it moved out of small claims) and present the photos and your account of events. The burden of proof is on him to prove that you hit him, of course. You might also want to get your truck checked out to make sure your sensors are working properly.
 

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