Parking lot accident...How can it possibly be 50/50?

Dec 6, 2018

  1. JDamon33
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    JDamon33 New Member

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    This has got my blood boiling. Here is what happened. I am waiting to turn left into a parking spot from the right hand side of the parking lane. After the car that occupied the space exited, I look forward and seeing no cars coming towards me, I proceed to move forward to enter the space. As i’m approx. 1/3 of the way into the spot, maybe even halfway, I am struck on the rear quarter panel right behind my rear driver side wheel by a driver who had backed up around 30-40 feet down the other lane and backed into me with their rear left bumper. I spoke to their insurance company (State Farm) who stated that based on their customers statement, they have decided we are both at fault because we were both moving. I sent pictipures showing my damage to the side of my vehicle and asked them how I could hit their insureds car rear bumper with the side of my car, but they said that it is their policy to believe their claimant who stated we were both vying for the same spot and merely didn't see each other. Well, of course I didn’t see them, because I was hit from behind when almost fully pulled into the spot. They of course didn’t see me cause they hit me, Duh. Does this sound like a 50/50 situation to you and if not what is my best recourse? I don’t feel I should have to pay my deductible of $500, have my rates increase, etc. when someone ran into me. Thanks in advance for your advice.
     
  2. fed up
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    fed up Super Genius

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    It is private property so there would be no police involvement and the other driver's insurance has an obligation to their insured to believe and defend them. The other driver will have a completely different story than yours. It is what it is. Call in your claim and let the insurance companies figure it out but most likely it will be 50/50 after all is said and done. Would you want your own insurance to NOT defend you if they were contacted about a claim?
     
    fed up, Dec 7, 2018 at 9:01 AM
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  3. JDamon33
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    JDamon33 New Member

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    I get your point, but it is a system set up to be blatantly unfair in certain situations such as mine. I should be able to review their statement and cross exam what they are saying. Additionally, their insurance company (State Farm) is not looking at the pictures or facts. They are just taking their customers statement at face value (since it fits their agenda of paying as little in claims out as possible). I get it, it's a business but it doesn't make it right. I have obtained legal counsel and plan to write an email to State Farm informing them that I plan to take their customer to small claims court unless they cover my damages 100%. It's $1,100 worth of damages, so its not insignificant. I'll report back how that works out.
     
    JDamon33, Dec 7, 2018 at 10:24 AM
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  4. JDamon33
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    JDamon33 New Member

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    Additionally, I thought that in most parking lot cases, the individual who is reversing is typically found 100% at fault. I'm not sure why that wouldn't be the case here as well.
     
    JDamon33, Dec 7, 2018 at 10:25 AM
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  5. fed up
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    fed up Super Genius

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    Again you are probably best served if you allow the 2 insurance companies to work it out. Don't know how good your attorney is but State Farm will roll in their counsel since the other person's policy gives that type of protection. If you sue through Small Claims chances are you are paying for your attorney and his policy is paying for his defense. You could be out for the repair of your vehicle, the repair of his vehicle, your attorney costs, and his attorney costs
     
    fed up, Dec 7, 2018 at 11:01 AM
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  6. adjusterjack
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    adjusterjack Guru

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    What you have to understand is that the other driver's insurance company is not your insurance company and owes you nothing until a court of law says so and says how much. Until then that company's obligation is to defend its policyholder and offer you whatever the claim rep sees fit. If you don't like the offer you are free to sue the other driver and try to convince a judge that the other driver is at fault.

    You would be able to do just that if you sued the other driver and went to court.

    They have a contractual obligation to do that.

    That's a good idea. But don't bluff. If you threaten lawsuit, be prepared to follow through when the claim rep stands pat. He/she gets threatened with lawsuits every day and most people don't follow through.

    Also understand that if you hire a lawyer (if lawyers are allowed in small claims court) you don't recover your attorney fees if you win.

    I already explained the other insurance company's position.

    Your own insurance might pay your claim less your deductible, find you not at fault and not surcharge your policy.
     
  7. VolAgent
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    VolAgent Guru

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    You can either eat it or take the person to small claims. You will likely end up with a Pyrrhic victory at best. Also, there is no guarantee you will win in court anyway.
     
    VolAgent, Dec 7, 2018 at 11:03 AM
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  8. JDamon33
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    JDamon33 New Member

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    So, from what I'm reading here, why would an insurance company ever take 100% fault for a parking lot accident? All they have to do is ensure their customer gives a BS statement that is slanted in their favor, deny the claim and know that 90% of the time they aren't going to get sued - even when it is clearly their clients fault. This my friends is why people think insurance agencies are crooked, money grubbing con artists.
     
    JDamon33, Dec 7, 2018 at 11:20 AM
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  9. JDamon33
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    JDamon33 New Member

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    Also, based on the facts stated and the areas where our damage was, and they fact they were reversing down the wrong way of the parking lane when they ran into me AND the fact that the driver told their insurance company she was driving when in fact her 19 yr. old daughter was the driver, how do I lose this case?
     
    JDamon33, Dec 7, 2018 at 11:22 AM
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  10. adjusterjack
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    adjusterjack Guru

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    Easy. No independent unbiased witnesses to back up your story, just your statement which the claim rep can choose to believe or not believe.
     
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