Parking Lot Fender Bender

[priscilla598]

What is the name of your state? Georgia

My fiancee, Adam, and I were proceeding from the McDonald's drive-thru passing by the gas pumps, when a woman adjacent to us struck our truck in the left rear quarter panel. She admitted fault on the scene, said she wasn't suspose to be driving because she had been sick, and told us she was sorry. Her insurance company says they are not liable for the accident and the woman now changes her story all around saying we hit her. The police report clearly says that she struck us. What procedures do we need to take now? Have spoken with lawyer and he says we need to file a lawsuit and we will win.

 

[justalayman]

Do you have ins on your truck, collision or uninsured motorist, that would cover you. Call you ins. co. and see if you can make a claim against your company and let them go after the other company. If not, you may have to go the route of filing a suit to make your claim.

 

[priscilla598]

Yes we have insurance on our truck with Progressive. I already made a claim and it didn't get us anywhere. Our insurance company said that the only thing left to do is to call her insurance company and try to persuade them that it was her fault. Her insurance company said they can't determine who's fault it is. Or, our insurance company said that we could file under collision and pay the deductible and they will fix it. However, we aren't wanting to have to pay when it was her fault. The woman who hit us acted totally different on the scene than now. She has changed her story all around saying that I wasn't looking where I was going and we hit her.

 

[priscilla598]

The lady who hit us has insurance, but she is saying she can't afford to pay her deductible. She should have thought about that before she got behind the wheel driving when she wasn't in her right mind to drive.

 

[justalayman]

It may be true tat she cannot afford her deductible but that would not relieve her of the reponsibilty to do so if at fault.

I would push your insurance co on this one. If the report shows her to be at fault, your ins co should be dealing with this better than they have been. If your ins. pays with no deductible in an others fault collision (such as an uninsured motorist) you should not have to be paying any deductible in this case.

As well you need to see if your ins co is going to claim against her and/or her ins for your claim. If so you may be able to toss in any deduct. your ins seems to be wanting to make you pay. If not, you will probably have to sue her independently in small claims court.

 

[priscilla598]

Our deductible for collision is $500, so we also have a deductible. They have already talked to her insurance company and her insurance company still does not agree for liability.

 

[Kusanagi]

I would fax them over the police report and all relevant information pertaining to this.

You might have to file a claim yourself with your own company, and then at that point, when this is being settled, your insurance company will then file their own claim against the other's company for compensation. I don't see why your rates would go up if this was the case. Ask your company about it.

That's what happened last year when a woman hit my car as it was parked in front of my house. I had to file a claim with my own company because her own insurance was dragging, and when it was finally taken care of, her company reimbursed my company and wrote me a check for the deductible.

Good luck!

 

[acmb05]

I can only see one problem you have

I can sum it all up in one word**************....PROGRESSIVE... When it comes to fileing claims they suck.

You can only hope she does not have Geico