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Thread: T-Boned

  1. #1
    gotaigo is offline Junior Member
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    T-Boned

    What is the name of your state (only U.S. law)? Virginia, Fairfax County.

    Hi all,

    I was recently involved in a car accident in which the other person "t-boned" into the rear door of my car. The accident happened when I enter the bank's parking lot. There were cars parked to the left and right of me. Seeing that there were plenty of space to the left area of the lot, I made my approach by closely hugging the right side of the lot and that's when he backed right into my rear section on the right side of my car.

    He has told his insurance company that I had waived him on and that's how we got into the accident. How is defensible when he should be in control of his car? He has totally made this story up about me waving him on and even if this was the case, how can he excuse his backing up and hitting my car?
    His insurance has denied my claim because they said there are conflicting case?I'm thinking about suing him in small claims court. Don't I have a bullet proof case? What defense does he have, if at all? Thanks.
  2. #2
    FlyingRon is offline Senior Member
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    Did you report it to your insurance company?
    Absent any independent witnesses you don't have a bullet proof case. They'll just go on your individual testimony.
  3. #3
    gotaigo is offline Junior Member
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    Quote Originally Posted by FlyingRon View Post
    Did you report it to your insurance company?
    Absent any independent witnesses you don't have a bullet proof case. They'll just go on your individual testimony.
    Yes, I did report it to my insurance company. They told me that they classified my case as a "no fault" and that most likely they will go to arbitration.

    But, what has an independent witness have anything to do with the case. Doesn't the fact that he hit my rear right door indicate that my car was already pass the "entry point" of my car. And is in odds with his story. Since his argument is that I was trying to take his spot. If you were trying to recreate the accident, what conclusion would you come to?
  4. #4
    HighwayMan is offline Senior Member
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    The other driver was backing out of a parking spot and hit you?

    I am still trying to understand why you would drive so close to the parked cars on the right side if there "was plenty of space" on the left. Unless there are other cars driving around I usually drive right down the middle to maximize clearance on both sides.
  5. #5
    FlyingRon is offline Senior Member
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    Quote Originally Posted by gotaigo View Post
    Yes, I did report it to my insurance company. They told me that they classified my case as a "no fault" and that most likely they will go to arbitration.
    If they go to arbitration, then you can't sue.
    But, what has an independent witness have anything to do with the case.
    Because you have a he said/she said argument otherwise.
    Doesn't the fact that he hit my rear right door indicate that my car was already pass the "entry point" of my car. And is in odds with his story. Since his argument is that I was trying to take his spot. If you were trying to recreate the accident, what conclusion would you come to?
    His story, is that you waived him on so he assumed you were yielding to him when in fact you continued on. Now that's a pretty suspect statement admittedly but it's not "BULLET PROOF" as you stated in your question.
  6. #6
    gotaigo is offline Junior Member
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    Quote Originally Posted by HighwayMan View Post
    The other driver was backing out of a parking spot and hit you?

    I am still trying to understand why you would drive so close to the parked cars on the right side if there "was plenty of space" on the left. Unless there are other cars driving around I usually drive right down the middle to maximize clearance on both sides.
    When you try to park, the conventional technique is to approach the entrance from the "far side", in other words, three feet or so and then "swing in" if that makes any sense. Since I was trying to enter the spot on the left side of the lot, I was to the right most, close to all the cars parked on the right where he was.
  7. #7
    Zigner is offline Senior Member
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    Actually, this is fairly straight-forward (nothing is ever 100%). OP was traveling in the lane and the other car backed in to him. There's no real question of fault.
  8. #8
    HighwayMan is offline Senior Member
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    Quote Originally Posted by gotaigo View Post
    When you try to park, the conventional technique is to approach the entrance from the "far side", in other words, three feet or so and then "swing in" if that makes any sense. Since I was trying to enter the spot on the left side of the lot, I was to the right most, close to all the cars parked on the right where he was.
    That was not at all clear from your original post.
  9. #9
    gotaigo is offline Junior Member
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    Quote Originally Posted by Zigner View Post
    Actually, this is fairly straight-forward (nothing is ever 100%). OP was traveling in the lane and the other car backed in to him. There's no real question of fault.
    So Zigner, you think if I went to court, the judge would see right through this guy and realize that he was making up a story about me waving him on and I have a great chance of winning?

    Also, if his argument is that I waived him on, for the sake of argument let's say I did, isn't he still responsible for controlling his car and not crashing into other cars or property? After all, his car crashed into mine. Thanks.
  10. #10
    FlyingRon is offline Senior Member
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    Let me say this again....

    If your insurance company is submitting this to arbitration, you CAN NOT sue independently.
  11. #11
    ecmst12 is offline Senior Member
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    And if your insurance company is going to arbitration, you have no NEED to waste your time in court!
  12. #12
    Mikau is offline Junior Member
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    There must have been camera's in the parking lot? Have you asked the surrounding businesses?
  13. #13
    gotaigo is offline Junior Member
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    Quote Originally Posted by Mikau View Post
    There must have been camera's in the parking lot? Have you asked the surrounding businesses?
    It was at a Bank of America parking lot. Not sure if there were cameras. But being a bank, there probably was. The opposing adjuster said she had tried to obtain it from the bank and that she was rudely denied access to it. Now, that I think of it, it probably wasn't in their best interest in obtaining it. Maybe she told me that to throw things off. The accident occurred on 10/3/11. Well over a month ago, do you think the bank still has footage of it?
  14. #14
    ecmst12 is offline Senior Member
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    They most likely do not, and they don't have to release it to you either. Of course it would be in the adjuster's interest to have the footage if possible. They want to find out what happened and close the case; pay or no pay. It's WAY easier to pay a claim than to deny it. If there's physical evidence that the other driver was at fault she can send you a check and get it off her desk instead of having it linger like this.
  15. #15
    gotaigo is offline Junior Member
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    Quote Originally Posted by ecmst12 View Post
    They most likely do not, and they don't have to release it to you either. Of course it would be in the adjuster's interest to have the footage if possible. They want to find out what happened and close the case; pay or no pay. It's WAY easier to pay a claim than to deny it. If there's physical evidence that the other driver was at fault she can send you a check and get it off her desk instead of having it linger like this.
    I've requested the bank to provide video coverage. I have not heard from the bank. An adjacent Walgreens is a bit out of the way. Probably a slim chance they had footage of the accident. In any case, I'm going to personally sue the driver. I think I have a good case. I can't believe when I'm the party that was hit, there's question as to liability. Insurance companies first job is to deny deny deny. Welcome to capitalism. Note the poster about suing. I can sue as long as it has not gone to arbitration. My insurance told me it would be sometime probably next year.

    I don't get is that the insurance company is denying all liability. What defense do you have of running into a car. Your client was the one who drove into another car??? What ever the scenario, aren't you always responsible of controlling your car??? Even as they say, that I waived them out, what if a girl walked by and he rammed her? Aren't you responsible for control of your vehicle???

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