• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Claim or no Claim...Minor Damage in a Parking Lot

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

iEngineer

Junior Member
What is the name of your state? PA

Good evening! I'm looking for some advice regarding an incident that took place today in a parking lot. My vehicle was backing up into the aisle and successfully completed the backing portion of the maneuver and sitting in the aisle while waiting to pull forward. It was stopped due to traffic in the aisle (other vehicles backing out/pulling in) so I had to wait for traffic to clear to proceed forward. While stopped another vehicle backed into it causing a minor chip in the paint and a small 1" crack in the paint on the bumper. Both vehicles pulled back into their spots and the we exchanged info (although the other driver was reluctant)

There was no visible damage to her vehicle, she really wanted to just leave but I insisted on trading info just in case. You also couldn't even feel the impact it was just audible. She eventually did provide her info and then immediately left. I was only able to get one photograph of her vehicle, would have liked more again as a just in case, but those are the circumstances I was dealt. There were no witnesses as everyone in the crowded aisle quickly just disappeared. I did elect to drive to the police station after this and file a report, again just in case. At the scene she stated she only backed out a few feet, but we all know how that story could change.

I know fault can be pretty difficult to determine in parking lots...I once heard that if both vehicles were in gear its 50/50, but I'm not sure as to the accuracy of this. What are your thoughts? Given how minor the damage is I wouldn't want to potentially have an at-fault claim. I do know that with my insurance a non at-fault claim doesn't increase my premiums.

I'm also assuming I should notify my insurance of this, just to be safe? I checked through my policy but the only applicable section was "What to do if involved in an accident" and the first step was to call the claim number to report a claim. Am I obligated to report a claim, or can I just call my agent to fulfill any obligations I may have? At this point I'm not certain on if I want to do a claim because the costs of any increased premiums over the next 3 years would likely exceed the cost of just a) ignoring the minor damage or b) paying to fix it out of pocket.

I've never been in this situation before so am looking for some opinions on someone who may have or is familiar with insurance.

Thanks!
 


HighwayMan

Super Secret Senior Member
You should report this to your insurance company in the unlikely event that the other driver discovers a problem with her car and files a claim against you.

Other than that it's totally up to you whether you can live with the small amount of damage to your car. No one can make that call but you.
 

adjusterjack

Senior Member
You can wait a day or two to notify your insurance company. No real harm there. But I suggest you immediately call her insurance company and get the claim opened. Just make it clear that you were stationary when she backed up into you.
 

Zigner

Senior Member, Non-Attorney
Please understand that, absent a witness or a confession by the other party, neither of you have proof of what happened.
 

iEngineer

Junior Member
You should report this to your insurance company

Yes that seems prudent to do so just to give them a heads up.

You can wait a day or two to notify your insurance company. No real harm there. But I suggest you immediately call her insurance company and get the claim opened. Just make it clear that you were stationary when she backed up into you.

Yeah that's why we filed a police report to document all the details from us at the time it occurred. The officer indicated he would call the other driver to let them know a report had been filed. I'm not sure if he would collect a statement from her or not or if the call was purely a notification. We actually have the same insurance company as the other driver.

Please understand that, absent a witness or a confession by the other party, neither of you have proof of what happened.

This is what has me the most frustrated. I figured this would be how it was as well. I either have to live with it or spend my own money on getting it repaired (even if only my deductible). My only hope is if the officer got a statement from her to read it and see what she said. If it's the truth then I should be okay, but if not I'll be in the same situation of he-said/she-said.


Even if I'm out my deducitble if I file a claim, would it be recorded as an at-fault and thus subject to a rate increase or would it be classified as non at-fault?
 

HighwayMan

Super Secret Senior Member
There are plenty of times people make statements to the police and then change their tune with their insurance company. A police report is not a be all and end all here.
 

iEngineer

Junior Member
I agree with that but I feel like it's just one more thing in my corner for credibility. It's frustrating knowing that you can do nothing wrong but still loose out in the end. I'm just thankful the damage isn't anything too serious where I wouldn't have a choice but to put in a claim to get it repaired.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top