Expert: Ron Cercone - 1/24/2010

Question
The accident happened in the parking lot of my work (Tim Horton's). It was 6 am, I just got off overnight shift. There was ice covering the windows of my car. As it warmed up, I cleaned off the windows. I did clean the back window, but I'll admit I was a bit lazy with it. I could still see out of my back window, but I mostly used my side mirrors.

I backed out of the parking space completely and came to a stop. I was about to put my car into drive when I saw the car beside me at this point (she was parked directly behind me by the building) brake lights go off. Through my passenger window, I watched this woman back up into my car. I didn't have the time to put my car in drive, let alone move. She hit the passenger side between my back wheel and door panel.

I pulled back into the parking space I left and got out of the car. She was standing on the passenger side and pointed out the huge dent. I told her that she indeed make the dent.

We walked back over to her car and she gave me her name, insurance information and I wrote down her license plate number. I told her that my husband pays for the insurance and its registered in his name. He'd be the one to decide whether or not the damage was worth it. We didn't call the police and I offered to give her my insurance information, but she didn't want it because her bumper had absolutely no damage. All that happened was my paint on her bumper.

My husband immediately called her insurance company and our own. We have to wait to talk to ours because it's the weekend. He went out and got an estimate. The mechanic says it's going to be $1,500. It's been a little over 24 hours.

My questions are:
Should I file a walk-in report at the police station?

Should I file a civilian accident report? (I live in New York and have 10 days to do so.)

Should I talk to my insurance company before I do any of the following?

Since she is a regular customer and I see her every morning (I could talk to her after I clock-out), should I tell her of my plans and give her my insurance information?

I'm pretty assured I'm not the one at fault, but could the situation be twisted around so that I am at fault or partially at fault?

Answer
Amy,

Unless you have a witness, your story will mean nothing to most adjusters, since it's your word against the other drivers. Most adjusters just view parking lot accidents as 50/50 liability. Just turn it in to you own insurer and hope they get half of your deductible back for you. I don't know what the rules are for filing a police report in NY. I suggest calling before you go in.