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Question about auto accident- legal rights

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MYoresh

Junior Member
From NJ:

I am being accused of being the "hit" driver in a hit and run auto accident. I have no recollection of the accident but the other party has filed an insurance claim against me.

The accident took place in a parking lot; according to police reports, the other driver was parked illegally. I would like to know my rights in this situation (if any).

Thank you for any assistance you can offer! :)
 


Zigner

Senior Member, Non-Attorney
You never say if you actually hit the other person or not.
Whether they were parked legally or not makes not difference. You're not allowed to play "bumper cars" just because someone isn't in the right spot.
 

Betty

Senior Member
You'll just have to see what your ins. co. decides re fault. Have you talked to your ins. co.?
 

MYoresh

Junior Member
LOL- I wasn't playing "bumper cars"; if anything I was just trying to get out of my space and accidentally hit someone who was illegally parked behind me (in effect blocking my car from exiting safely.)

Anyway, as I said, I have no recollection of the accident and, having seen pictures of the damage on the plaintiff's car, I think I would remember if I hit another car hard enough to do that kind of damage (the driver's side door was severely crumpled). At the very least I think I would have heard a "crunch"...

My insurance company is sending me to get a photo inspection of my car tomorrow morning. The strange part is that there *is* damage on my car but I don't know where it came from.

When I first noticed the damage on my car, I chalked it up to a "parking lot ding" and, since the damage wasn't severe, I didn't think any more of it. Then suddenly a police officer was visiting me at work asking to look at my car and telling me that I had been accused of perpetrating a hit and run. The plaintiff had taken pictures of my car (and his own) and submitted them with the police report.

I told the officer that as far as I knew I wasn't involved in the accident. Next thing I knew, my insurance company informed me that there was a claim against me.

All along it has seemed odd to me that the plaintiff is making such a big fuss over this when NJ law would allow him to simply file a hit and run claim without any increase in his premium (as long as the claim was accompanied by a police report). Instead, he has filed a claim against me which not only could raise *my* rates if I am found at fault, it could result in a criminal charge against me.

Having thought over this situation extensively, it has now occured to me that it may be that the other driver was the one who hit *me*. That would certainly explain his fervor to pin the blame on me. At any rate, I have decided to file a counterclaim against him; if nothing else, I would really prefer not to have a hit and run on my record, especially when I did no such thing.

Thank you all for your quick responses- they are much appreciated! :)
 

ecmst12

Senior Member
If you hit the other car without realizing it, that's ok, it happens. The damage to your car and the other car should reveal whether that's what happened.

If the other person hit your bumper with his door (not likely) there would be sideswipe-type scrapes. It wouldn't be possible for him to hit his door with your bumper straight on.

There is no such thing as "negligent parking". If you hit a stationary object, you are always at fault. ALWAYS.

There will not be any criminal charges. It seems that no one witnessed the accident and the other person was just going by your damaged car parked right by his damaged car. Like I said, it's entirely reasonable that you didn't realize that you hit the other car (if in fact you did).

If he files a hit and run, he still has to pay a deductible. And why should he if he knows who did it? Your insurance company will take care of this - Assist with their investigation and tell the truth. If they determine that the claim is reasonable, they will pay. If not, they will deny, and defend you in the case of a lawsuit. Don't worry about it.
 

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