What is the name of your state (only U.S. law)? Indiana
The accident occurred in a private parking lot however the other party refused to provide their insurance information so I did call the police department and get a case number.
I was in my car and prepared to back out of the parking spot - the spots in this lot are not slanted and face west<->east. I had looked behind me and backed all the way out of my spot and had come to a complete stop when I felt an impact. I got out of my car and saw that another driver had backed into the driver side rear door and quarter panel of my car with the rear right corner of their bumper.
The other driver was a minor that was just recently licensed and he refused to provide me his insurance information so I contacted the police department at which point the other driver's family showed up. They tried to offer me money for the damages ($50~100) and told me not to file a claim that they would cover the damages and to get them the estimates from the shops. I told them that I would get the estimates and then they could decide if they wanted to pay the damages or not.
After getting two estimates I contacted the other party and they essentially told me to get lost, etc. I filed a claim on the other party's insurance policy however that insurance company seems to have jerked me around for about 2 or 3 months at which point they simply told me that there was "not enough evidence" and that since both parties were backing that they were ruling it no-fault and declining my claim.
The damages to my vehicle are in the $700~900 range and I have high resolution photography of the damages at the accident on both vehicles. Their vehicle has a small scuff where as my door and quarter panel are dented. It can be seen from the scratches and the dent on my vehicle that the impact happened in the door and then continued down the side of the car towards the rear quarter panel.
Since their insurance company denied the claim I am considering filing a claim in small claims court however I wanted to get some insight into how accidents such as these are generally treated/handled. It's entirely possible that a court would find the same ruling as the insurance company or it could be that the other insurance company is just playing hard ball with me, I'm not knowledgeable enough in this aspect to know which is which.
It simply doesn't make sense, in my mind, for them to impact my car with the right rear of their car in my driver side rear door and for it to be "no fault". I'll be more than happy to clarify anything if you need more information, I am trying to keep this concise.
The other insurance company claims to have a video tape from the parking lot of the accident. Is there any way that I can request this from them or do they have no legal requirement to provide me a copy? They said they got it from the police department, however the police department is giving me the run-around (and has been for weeks). I know exactly what happened so if there is a tape, ultimately it would be good for me to have a copy to present as evidence.
Thank you for your time!
The accident occurred in a private parking lot however the other party refused to provide their insurance information so I did call the police department and get a case number.
I was in my car and prepared to back out of the parking spot - the spots in this lot are not slanted and face west<->east. I had looked behind me and backed all the way out of my spot and had come to a complete stop when I felt an impact. I got out of my car and saw that another driver had backed into the driver side rear door and quarter panel of my car with the rear right corner of their bumper.
The other driver was a minor that was just recently licensed and he refused to provide me his insurance information so I contacted the police department at which point the other driver's family showed up. They tried to offer me money for the damages ($50~100) and told me not to file a claim that they would cover the damages and to get them the estimates from the shops. I told them that I would get the estimates and then they could decide if they wanted to pay the damages or not.
After getting two estimates I contacted the other party and they essentially told me to get lost, etc. I filed a claim on the other party's insurance policy however that insurance company seems to have jerked me around for about 2 or 3 months at which point they simply told me that there was "not enough evidence" and that since both parties were backing that they were ruling it no-fault and declining my claim.
The damages to my vehicle are in the $700~900 range and I have high resolution photography of the damages at the accident on both vehicles. Their vehicle has a small scuff where as my door and quarter panel are dented. It can be seen from the scratches and the dent on my vehicle that the impact happened in the door and then continued down the side of the car towards the rear quarter panel.
Since their insurance company denied the claim I am considering filing a claim in small claims court however I wanted to get some insight into how accidents such as these are generally treated/handled. It's entirely possible that a court would find the same ruling as the insurance company or it could be that the other insurance company is just playing hard ball with me, I'm not knowledgeable enough in this aspect to know which is which.
It simply doesn't make sense, in my mind, for them to impact my car with the right rear of their car in my driver side rear door and for it to be "no fault". I'll be more than happy to clarify anything if you need more information, I am trying to keep this concise.
The other insurance company claims to have a video tape from the parking lot of the accident. Is there any way that I can request this from them or do they have no legal requirement to provide me a copy? They said they got it from the police department, however the police department is giving me the run-around (and has been for weeks). I know exactly what happened so if there is a tape, ultimately it would be good for me to have a copy to present as evidence.
Thank you for your time!