Expert: Richard Hixenbaugh - 7/12/2011

Question
Hello Richard, I recently had a parking lot fender-bender and was hoping that you would be able to advise me.

I live in Phoenix.  At about 8 pm, I was parked in the parking lot of a local restaurant.  The parking lot was moreorless empty and there were no cars parked for several spaces on either side of me.  I opened my driver's side door and was about to step out.  A van pulled into the parking spot directly to my left and hit my driver's side door.  The front of the van hit the edge of my door.  I have a picture of the dent in the front fender of the van.  My door was damaged and could not be shut.  I called the police but they said that they would not respond to an accident on private property.  I exchanged information with the other party.  It turns out that we both were insured through State Farm.

I filed a claim through my agent and it appears that the other party filed a claim through theirs.  After several days, State Farm informed me that they had decided that the fault was mine.  They did pay to fix my car, but I had to pay the deductible of $500.

My question - can I sue the other party to recover my deductible?  Thank you for your assistance and advice.

Answer
Hi Ravi,

You can sue the other party, however, State Farm will have to provide them with an attorney to defend the case. Tat attorney will come in to court and tell the judge that State Farm did an investigation and decided that you were at fault in the accident and the judge will likely side with them.

The better thing to do is to call the claims adjuster and ask them to tell you specifically why they determined you were at fault. Unfortunately, they are the ones who get to make that decision.

I hope this helps
Richard Hixenbaugh