Expert: Anne - 4/10/2009

Question
I was recently involved in an accident in a small "mall" type parking lot. I was leaving the parking lot and going down the aisles to get home, as I was driving a Truck backed out of his parking space into the side of my car. I saw the vehicle out of my side vision but only as he was backing into me. We sat there for a few minutes before he pulled back into his parking space. I could see he was talking on his cell phone. He was a young guy who was very nervous and I was trying to console him, that I knew he did not back into my car on purpose, His friend didn't want me to call the police but I did, The policeman came out did not give any tickets , as it was on a private lot but listen as the boy admitted guilt and made out the report. The boy gave me his number and his friends number. They told me that they could have my car fixed at the Vo-Tech school the next week, Which I declined. I gave my statement to my insurance as well as his. His insurance adjuster was very nice until after the recorded statement and then began to tell me that they were getting conflicting reports , that I did not blow my horn to prevent it and if they found out and if the conflicting report was true they would side with their policy holder. She was the rudest woman I believe I have talked to. The boy admitted guilt to a police officer and his friend. Only after I decline the "fix it" at the school did the conflicting news come into play ..........

Answer
Hello Angie,

I am sorry to hear about your accident. The adjuster is correct. If there are disputed facts, they must believe their policy holder (they have a contractual duty to them. This is not very fair, but it is the way it works (this does not give the right to be rude however).

The issue here is that this are not disputed facts. There is a police report that will support your side, in which case, there is no actual dispute and they should pay you. See what the police report and take from there.

For more information about fault, please see:

http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

Good Luck
Anne
http://www.QuirogaLawOffice.com/