Old Claim Question - Technical Answers Needed

[iiinycboi]

So i met a guy who believes auto insurance is a scam. I asked him why?

He tells me his story. He was backing up in a parking lot/space (those giant mall size ones) and backed into a car. The car that got hit was unlicensed. Police tells him other party is unlicensed, but being in a parking lot it is his fault for backing up.

He was confused but anyways he brings all the documents to his agent. A few days later his agent calls him and say they paid out the claim.

Fast forward a couple months, they call him again and say he has to appear in court to do the "process" show up and admit fault and leave.

I saw many problems with this.
1) the other person was unlicensed, couldnt this be a defense?
2) why was the claim paid so fast without even fighting it
3) why does he have to goto court to admit fault?
4) can he do something to recover this? sounds like he got pushed around.

 

[VolAgent]

This might be a state specific thing.

I know for a fact in Tennessee a parked car is never at fault. I was illegally parked and my boss's wife tried to back over my car. Her insurance paid it without a question. Both her company and my company told me she was at fault even though I was not in a proper parking space.

I guess there would be an exception for a car left abandoned in a roadway, but if it is on the side of the road, in a parking lot, driveway, etc. it is your obligation to avoid the parked car.

 

[iiinycboi]

ah let me clarify...

he was backing out of those horizontal parking spots and the vertical ones kept driving even though he was back out.

i've included a picture.

maybe its 50/50 fault but the fact im on is that the one who got hit is unlicensed, and this claim was paid out so quickly and admitted fault without his consent. The agent just called and said we paid out youre wrong. He didnt even get to debate it and the other person was unlicensed.

 

[Guest]

how is a non moving car ever at fault?

and licensed or un-licensed really has very little to do with insured, except for the time of issue, some companies ask you if they are licensed or not....

I write un-licensed, suspened people fairly often.

 

[VolAgent]

ah let me clarify...

he was backing out of those horizontal parking spots and the vertical ones kept driving even though he was back out.

i've included a picture.

maybe its 50/50 fault but the fact im on is that the one who got hit is unlicensed, and this claim was paid out so quickly and admitted fault without his consent. The agent just called and said we paid out youre wrong. He didnt even get to debate it and the other person was unlicensed.

Speaking just as a driver, I thought the car that was driving forward always had right of way, and it was the obligation of the person backing out to ensure he could do so safely. Of course, it is courteous to allow people to back out whenever possible.

 

[Norwayguy]

Just because the other driver was unlicensed does not make it his fault.....though I hope the police cited the unlicensed driver for driving without a license. And no where does the person with the right of way have to yeild to someone backing out...Your friend is at fault....WTF is he going to court over?

 

[iiinycboi]

hes not going to court to fight it, he got subpoena to show up or they cant closed the case.

But being unlicensed and driving has no bearing on fault? He was never licensed so he doesn't have "proper" training to drive.

 

[Norwayguy]

hes not going to court to fight it, he got subpoena to show up or they cant closed the case.

But being unlicensed and driving has no bearing on fault? He was never licensed so he doesn't have "proper" training to drive.

Your friend still backed into the other driver....Your friend is at fault....Please tell me though that the police cited the other driver for driving without a license...and probably without insurance.

 

[togatown]

Is it even against the law to be driving unlicensed in a private parking lot? Is there a difference between parking lot and my backyard?

 

[sellinmachine]

My take is that parking lots are private property (owned by business) so police have no authority to ticket. But, now they know and heavwen help him when he has that car on public thoroughfares.