Expert: Claims Guy - 8/13/2011

Question
QUESTION: Sir,

I was recently involved in a parking lot accident. The other driver struck my vehicle in the front passenger side door with the front bumper (on the driver's side) of his car. He claimed that he was pulling into the parking space next to me and about to put his car in park when I hit his vehicle as I was pulling out of my space. My car was mostly in the aisle at the time of this collision while his car was both in the aisle as well as in some of the parking spaces.

I called the police immediately, but was informed they would not file a police report since no one was injured and neither car needed to be towed. I was sure to take photo evidence at the scene of the cars as they looked, prior to moving them. The photos contradict the other driver's statement that he was pulling into the space next to me. The damage to my car is also a dent in the door, not a scrape or scratch along the side of my door, which I believe proves further that he hit my car with his and I did not side-swipe his car as I was pulling out of my parking space.

I understand from the insurance companies and the police officer that parking lot accidents are very difficult to argue. I have been documenting my case thoroughly and his insurance company has sent out an appraiser to provide an estimate on the damage to my car. What are my chances of succeeding with this claim and having the other driver's company pay for the damages to my car?

I would appreciate your reponse!

Thank you,
Jane

ANSWER: I really can't answer your question, since you haven't told me what happened.  I saw the other driver's version, but not yours.

---------- FOLLOW-UP ----------

QUESTION: I had checked to make sure everything was clear. I checked my mirrors as well as to the left and right of me several times to make sure my path was clear. There were no cars parked around me or anywhere in my vicinity. I started to pull out of my parking space and by the time I was almost entirely done pulling out of my space the other driver hit me in my front passenger side door.

The other driver had pretty clearly been cutting through the parking spaces, as the photos I took show. He was not in a parking space at all and his car had to come out into the aisle to hit mine. Had he actually been parking his car in that parking space, I easily would have just drive right by him and our cars would've never made contact.

Answer
If the photos are clear, then you should have a good chance of convicning them.  But parking lot cases are difficult because the stories often do not match, and there rarely is compelling evidence to support one sire.  Hopefully your photos will be sufficient.  You could also check with the nearby businesses to see if they have any security video.  If you believe your photos prove your case and they deny your claim, you could file a complaint with the state insurance dept.