Expert: Bennie719 - 5/13/2008

Question
I was hit by a backing up nissan pathfinder today at a mall's parking lot. This is what happened.

I had backed out of the parking lot and was putting my car into drive when the pathfinder opposite to backed out and hit my car on the rear.

I immediately called for a police & a police officer came on site within a few minutes. But, here's where i'm confused. I was noting down her details when he came and asked the women a few questions. My wife heard the women saying that 'both of us had backed out at almost the same time' - which was the result of the crash but this ain't the truth. The officer didn't ask me my version of events neither did he give us any report. I've reported the incident to both my insurance as well as her insurance company. Questions i've are:

1. Did I do a mistake by not giving the officer my version of the events?
2. Not asking him for a report right at the spot writing down who was 'at-fault' party.
3. If I go down to the police station tomorrow will they give me a report of the incident.
 a. can i contest any part of the officer's version?
4. I've taken snaps of my vehicle showing the dent. Will this be of help in determing the 'at-fault' person?
5. a. How do such cases generally go?
  b. What is the time taken for such cases to get resolved?


Answer
Hi Arunkumar,
Parking lot accidents are among the most difficult to settle because there are usually no witnesses and a police officer can only state their opinion of fault if they witnessed the accident or if one party  clearly violated a law, such as a stop sign.

Usually, a police report is not available for 5-7 days.  Probably the strongest statement made by the officer was "it appeared that both parties were backing at the same time" and not place the fault on either driver.

Generally, these cases are settled on a 50/50 basis since it's your word against the other party's word.

I hope you have found this information to be helpful.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area