Expert: Ron Cercone - 6/24/2009

Question
Hi Ron, my car was parked in a Best Buy parking lot and someone backed into my car, casusing damage to my front bumper. Luckily I saw it happen and called the police. When the police came they told me that the car that hit me was a rental from AVIS. When I got the police report the name on the registration was PV Holding Corp. Ive never been in an acident before and I dont want to go through my insurance company because I'm not at fault and dont want my insurance rate to go up. What do I do now?

Answer
Hello Michael,

Contact BOTH Avis and PV Holding to make your claim. Put both their names and addresses on each letter you send, until one of them admits liability. If you have to sue in small claims court, name both entities and the driver as defendants. It should not cost any extra for filing against multiple defendants in most states.

Check with your agent, but in most states, if you are not at fault, then your own insurer cannot raise your rates. If you do turn it in to your own insurer and pay a deductible, your insurer will try to collect back your deductible for you, as well as the money they paid you.

Call your insurer's local claims office and ask to talk to an auto liability adjuster, or just walk in and ask to speak to an adjuster, without filing a claim. Ask them if they normally call parking lot accidents like yours 50/50 fault. If so, ask your agent if that would make your premiums go up.

Do you have any witnesses that the accident happened as you described? Most adjusters consider damage to car parts as you describe to be a rear-ender, with you 100% at fault.