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

Dec 6, 2018

  1. leevena
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    leevena Guru

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    JDamon33...I understand your frustration, but believe you should heed the advice given and move on with either a lawsuit or accepting the 50/50. This will end up driving you nuts. Good luck.
     
    leevena, Dec 7, 2018
    #11
  2. VolAgent
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    I suspect if the situation was reversed, you'd probably have the exact opposite viewpoint.
     
  3. fed up
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    Jdamon33....I was hit from behind on a city street, no other vehicle but mine and the pickup that hit me. He gave me his information and I was contacted by his insurance to get an estimate. The very next call I received was his insurance telling me that he stated that he was hit and driven into me. there were only 2 cars on the road, his and mine. It doesn't seem fair but that is how it works. They are legally obligated to defend their customer. so you can think what you want about agents, the companies they work for, or insurance in general until YOUR insurance company defends you against a claim. People lie all the time especially when it comes to insurance and fault
     
    fed up, Dec 7, 2018
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  4. JDamon33
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    JDamon33 New Member

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    Upon advice of my attorney, we will be taking them to small claims court. Looking forward to it. I'll let everyone know how it turns out.
     
  5. VolAgent
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    Please do, and I hope it goes well for you.

    From a pragmatic standpoint, make sure you don't win the battle and lose the war. Make sure you don't spend more in legal bills than you can possibly win.
     
  6. JDamon33
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    JDamon33 New Member

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    I have a good friend who is a lawyer familiar with this process is going to do it for me pro-bono. All good. It's really more a matter of principal for me at this point. I have a young daughter who was in the car with me when we were hit and I don't want her to think us being at fault in any way should be an acceptable outcome.
     
  7. FexBids
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    JD,

    You stated, "AND the fact that the driver told their insurance company she was driving when in fact her 19 yr. old daughter was the driver.."

    If the mother stated she was driving when if fact the daughter was driving it MAY be an indication the daughter was NOT insured to drive the car. Or, it could mean the daughter didn't even have a driver's license. Any witnesses who saw who was driving? If so, ask them to testify on your behalf.

    tinman
     
    FexBids, Dec 7, 2018
    #17
  8. JDamon33
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    This was an Indian family, Mother, Daughter and 15 or so year old Son who immediately came running towards us asking if we were hurt. I don't think this boy would like in court, but I guess you never know. I don't believe there were any witnesses, but I'm thinking about contacting the mall operator to see if I can obtain video (if any exists).
     
  9. JDamon33
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    JDamon33 New Member

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    I'm still struggling with the physics/mechanics of the crash. State Farm seems to think that somehow, as I'm pulling into a parking space, the rear back quarter panel of my car could someone initiate contact with their drivers rear bumper (I was going forward, they were backing up)? I would think the only way I could have initiated the contact is if any part of the front of my car was damaged, or if I somehow backed up into them, which is not what happened. Otherwise doesn't the physical damage prove, regardless of what their story is, that I entered the parking space first and was then struck by them? Wouldn't getting to a spot first establish right-of-way was achieved? Also, as I cross through their line of view to enter the parking spot, if they are paying attention, how do they not see my front portion/drivers door (side) part of my car and then stop before hitting my rear end? What am I missing? Do facts/damage not matter in these parking lot accidents?
     
  10. InsCommentary
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    Not saying it's the case here, but there are insurance companies that have something of a reputation in liability claims of asserting that the injured party is X% at fault. Often it's just 10-20% and not worth an attorney's effort. Given the slim margins in auto insurance, 10-20% can be significant.
     
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