2 cars backing into each other in private parking lot

[MichelleCOOP]

My husband was in a gas station parking lot and was in the process of backing up at the same time another car was backing out. My husband seen the car and stopped, put his truck in drive but by the time he put it in drive the other car hit him. The lady he hit claimed that she was an EX cop and told my husband that filing a police report wouldnt matter since it was in a private parking lot so he didnt file one.

He gave her his insurance info and she tried convincing him to pay for her damage so that insurance would not go up. She would not give him her ins info.
He sent me her phone number and I called and she told me she would prefer to leave insurance out of it and would get a quote to fix it and send us the bill. I advised her that both of them backed into each other and it wasn't his fault and would be considered a 50/50 accident and told her we would not be paying anything out of pocket. She said she would call back after she spoke to her husband.

After speaking to my husband I told him I was going to file a police report so I called the other driver to let her know and she then told me that she spoke to her insurance and her insurance told her that since it was a 50/50 accident she could file on her insurance and her insurance would cover it. A week later we get a letter in the mail stating that she filed and based off her statement they would fix her car but after the damages were fixed they were going to come after our insurance. After speaking to her insurance they said based off her statement my husband was 85% at fault and she was only 15% at fault.


I went ahead and filed a police report since we were still in the time frame and the officer went to the gas station to get the video footage. They said they no longer had the footage and would have to send off to get it. I spoke to the officer today and they are claiming that they dont see the accident.


What can we do? My husbands damage is minimal and not enough to file a claim on our end. But we do not agree with it being 85% his fault.
My insurance said they couldnt do anything until her insurance made a claim against us

 

[fed up]

File the claim and let your carrier argue in your defense if you have full coverage

 

[MichelleCOOP]

There isnt enough damage to his truck to justify paying a $250 deductible. It was a minor scuff mark on his bumper and tail light and a tiny dent between the bumper and tail light.

 

[adjusterjack]

You misunderstood. You have knowledge of a liability claim against you. Your company should be opening a liability claim to deal with what the other driver is saying.

If you think the other driver should be paying 50% of your damage, you need to contact her insurance and file a liability claim against her.

Don't believe anything she tells you. Deal directly with her insurance.

 

[fed up]

There isnt enough damage to his truck to justify paying a $250 deductible. It was a minor scuff mark on his bumper and tail light and a tiny dent between the bumper and tail light.

I did not say to get it fixed. File the claim so your carrier is on notice. You pay for the legal coverage, use it

 

[MichelleCOOP]

I called my insurance and they said they couldnt do anything un till her insurance filed a claimed against our insurance unless I filed a claim to fix the damage to my vehicle.

 

[adjusterjack]

I called my insurance

Who is "my insurance"? Who, exactly, did you talk to?

 

[MichelleCOOP]

Our insurance is through Travelers. I called the 1 800 number and spoke to customer service and advised them of what happened and he said they would just wait until her insurance contacted them with a claim and go from there

 

[fed up]

Call travelers claims, not customer service