You are here:

Auto Insurance Claims/Parking Lot Accident

Advertisement

Expert: webfoot - 7/22/2006


Question
First let me thank you for this great resource !  

I had just parked my 2005 Mustang and was about to enter a store when an SUV backed into my car while pulling out.  At first they were just willing to provide their ins. info and contact information, and were apologizing profusely.

A few minutes later they were claiming I was parked crooked, and there was damage to their car too.  At that point we called the police.  He wrote a thorough report and we went our separate ways. He is at fault correct ? I was not even in my car at the time.

I took my car to the body shop we have used in the past.  They wrote an estimate.  It had been 6 days so I called their insurance Co. to report the accident.(My insurance co said it was ok to go through the at-fault party)  Do I wait for the adjuster to contact me ?  I gave them the township and case # so they can get the police report.  Why didn't the person who hit me report the accident .. I felt like I was a snitch calling but like I said it had been 6 days. What is my next step ?

Also, what recourse do I have if they are unwilling to pay the estimated costs 1,090.  

Thank you !

Answer
So far, you've handled everything correctly.  Regardless of how you were parked, the party that backed in to your car is at fault.  Unfortunately, many people will not report accidents because they go through life thinking that all of their problems will be handled by some kind of fairy.

The reason that you have not heard back from the adjuster is that they are likely trying to get their insured to respond.  They will send him a Reservation of Rights letter that will basically state that if he doesn't cooperate, they will not defend him or pay the claim which will make him personally responsible for your damages.  Most of the time, this gets their attention and then they'll give a statement.  

The other insurance company has a right to inspect your vehicle and write their own estimate.  If it is less than your estimate, don't fret as your shop has the responsibility to submit any supplements for additional repairs and will negotiate with that insurance company.

In a week or so, this will likely work itself out.

Good luck!

Auto Insurance Claims

All Answers

Answers by Expert:

Ask Experts

Volunteer

webfoot

Expertise

Auto damage, liability, insurance fraud. I am a full time auto insurance adjuster with experience in collision, theft, liability and fraud investigation. I am also an ASE Master Auto Tech and I-Car Collision Platinum certified. My experience includes 15 years in the auto repair industry, a B.S. in Criminal Justice, Law enforcement and auto insurance. ****** NO "PRIVATE" QUESTIONS WILL BE ANSWERED. I HAVE FOUND THAT NEARLY ALL PRIVATE QUESTIONS COME FROM PEOPLE WHO ARE CONSIDERING OR ATTEMPTING TO COMMIT FELONY INSURANCE FRAUD AND I'M NOT HERE TO HELP YOU! ****** I AM HERE TO ANSWER AUTOMOTIVE REPAIR, CLAIMS PROCESS AND SOME SIMPLE LIABILITY QUESTIONS. I CANNOT ADDRESS COMPLEX LIABILITY SCENARIOS WITHOUT HAVING ALL OF THE INFO FROM BOTH SIDES IN FRONT OF ME. QUESTIONS ABOUT PREMIUMS OR HOW INSURANCE IS RATED SHOULD BE ADDRESSED TO YOUR PERSONAL INSURANCE AGENT WHO KNOWS A WHOLE LOT MORE ABOUT YOUR HISTORY THAN I DO. I'VE NEVER SOLD INSURANCE AND DO NOT KNOW IF YOUR INDIVIDUAL INSURANCE RATES WILL GO UP IF YOU MAKE A CLAIM. THOUGH I'VE HANDLED SOME VERY MINOR SOFT TISSUE INJURY SETTLEMENTS, I PREFER NOT TO ANSWER INJURY RELATED QUESTIONS. I'M NO INJURY EXPERT AND I'LL LIKELY SAY SOMETHING TO HURT SOMEONE'S FEELINGS AS I BELIEVE THAT MANY SOFT TISSUE PAIN AND SUFFERING CLAIMS ARE OVER DRAMATIZED. UNLIKE MANY OTHERS, I AM ON THIS FORUM AS A VOLUNTEER WITH NO PRODUCTS OR SERVICES TO SELL AND PROMISE AN UPFRONT ANSWER BASED ON MY EXPERIENCE IN BOTH SIDES OF THE INDUSTRY. IF YOU PROVIDE ME WITH A HONEST VERSION OF EVENTS, I PROMISE A CANDID AND HONEST ANSWER IN RETURN. I CANNOT ADDRESS ALL CLAIM SCENERIOS DUE TO DIFFERING STATE LAWS AND REGULATIONS, BUT WILL DO MY BEST. PLEASE REMEMBER THAT AN HONEST ANSWER MAY BE ONE THAT YOU DON'T LIKE SO IF THAT IS GOING TO BE A PROBLEM, PLEASE DON'T ASK THE QUESTION. LASTLY, I DO NOT ACCEPT RATINGS AS I DON'T DO THIS FOR RATINGS AND WISH TO SPEAK FREELY.

Experience

20 years in automotive industry, Currently in insurance claims, worked actively as technician and shop owner until about 10 years ago. Current ASE Master Auto Tech and I-Car Platinum Collision Certifications, B.S. Criminal Justice and 10 year auto insurance/extended warranty background

©2012 About.com, a part of The New York Times Company. All rights reserved.