Expert: Bennie719 - 5/1/2009

Question
I read your 3/1/09 regarding comparative negligence and I believe my insurance company is doing this to us. My husband and I were parked in a parking lot with the engine off. My husband was the passenger. He was exiting his side after seeing there was no car (and continued to look in the exiting direction) when a car came from the drivers direction and sped into the space next to him. Due to the speed of the driver, the impact to our door did not make impact with the driver's car until impact just prior to the wheel wheel (which was sticking out) as the driver was pulling into the parking space in front of the space adjacent to ours. I was also looking in the direction of my husband's side as he was exiting and there was no vehicle there as he exited. It seemed to me to be no one there and then an impact. We called our insurance company (The Hartford through AARP) and reported the incident and they agreed to pay and said they would investigate. The adjustor called to say they found my husband at fault and they are also paying for the driver's damage to his car. Both cars had just under $800 damage. Both my husband and I spoke with the adjuster and stated we could not see how they could find fault on our part since the car was driving into the space at a high rate of speed and neither of us saw a vehicle next to us as my husband was opening the door. It was interesting the adjustor never stated in the telephone conversation our rights to call their complaint number or provide the address to their complaint department or the Texas Department of Insurance (state where incident occurred).
Is there any other action we need to take other than what was outlined in the earlier answer you provided that I referenced?
Any help is appreciated.

Answer
Hi Cindy,
I'll do my best to provide you an answer, but the question and answer of 03/01/09 was not one of mine.
I was ill for a period of time and the records at allexperts.com indicate that I answered no questions between 01/24/09 and 04/03/09.

Parking lot accidents are among the most difficult to settle because there are usually no witnesses or police report.

Many companies have started using the doctoring of "who had the best opportunity to avoid the accident".

In your case, it would have been your husband because your car was not moving and all he had to do was watch more carefully before opening the door and close the door immediately since the other vehicle was moving to fast to stop.  On this basis, they are placing your husband 100% at fault.

Although this may sound totally unfair, the legal wording of the policy gives Hartford the right to settle any claim in the way they see best, irregardless of how you feel about that decision.

I hope that you find this answer helpful in accepting how the claim was handled because it's totally out of your control to try to change the results.

Your feedback by rating my response will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area