Legal question: Fender bender - Defender Source
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  #1  
Old March 20th, 2007, 04:11 PM
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steve
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Legal question: Fender bender

Hey all I have a problem,
I got in a accident yesterday in a parking lot. This guy pulled behind me and stopped across some parking spaces behind me. I proceeded to back up very slow (tdi)... I backed completely out of the space looking over my shoulder. I then was proceeding to change my momentum to going forward so I looked a head, that when the impact came. Pretty strong, enough to move my head. The guy behind me who was waiting for a parking space decided to "re adjust" as he said and backed in to me at a good speed.

Little damage to my tire carrier (scratches) and to my bumperette... but his truck was messed up. We exchanged information. Just a few minutes ago he showed up at my front door and showed me an estimate for $2400 and asked if I was willing to pay $400-500. I told him that I did not think I was at fault in anyway but would think about it.

He wants to keep this separate from the insurance companies, I do to but I donít want to give any money. If I gave him $200 to go away would that be admitting guilt? Should I call my insurance company and report it? What should I do??

Thanks in advance
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  #2  
Old March 20th, 2007, 04:15 PM
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Gary Baxter
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Report it.

Quote:
Originally Posted by D90user
Hey all I have a problem,
I got in a accident yesterday in a parking lot. This guy pulled behind me and stopped across some parking spaces behind me. I proceeded to back up very slow (tdi)... I backed completely out of the space looking over my shoulder. I then was proceeding to change my momentum to going forward so I looked a head, that when the impact came. Pretty strong, enough to move my head. The guy behind me who was waiting for a parking space decided to "re adjust" as he said and backed in to me at a good speed.

Little damage to my tire carrier (scratches) and to my bumperette... but his truck was messed up. We exchanged information. Just a few minutes ago he showed up at my front door and showed me an estimate for $2400 and asked if I was willing to pay $400-500. I told him that I did not think I was at fault in anyway but would think about it.

He wants to keep this separate from the insurance companies, I do to but I donít want to give any money. If I gave him $200 to go away would that be admitting guilt? Should I call my insurance company and report it? What should I do??

Thanks in advance
Call your insurance company and have them deal with the guy. My $.02
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  #3  
Old March 20th, 2007, 04:21 PM
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Scott
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It seems a wee bit suspicious that he has a $2400.00 estimate, but only wants $400-500 dollars. What kind of car did he have? If it is a POS, then he probably would not get it fixed and keep your money.

It would seem that if he pulled up and hit you, then he is at fault. Any witnesses?

I would call your insurance company and have them deal with it... that is what you pay them for anyways.
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  #4  
Old March 20th, 2007, 04:27 PM
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Andrew Najarian
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Definately. The key is (I learned this firsthand in a similar situation) if he was in reverse and you were in forward it is automatically his fault by an insurance company's view. If you were stopped or moving forward and he backed into you they will say it is automatically his fault and his insurance will be responsible. The best part is, if there is any dispute it is your insurance company's responsibility to take his insurance company to court over it.

If you were still moving slowly in reverse they will probably say that it was mutual and each insurance company will cover its own customer's vehicle. At least that is how it works in Illinois.
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  #5  
Old March 20th, 2007, 04:30 PM
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Sounds like a scam! At the very least a guy trying to milk you. Get ahold of your insurance company or at the very least tell him you plan on getting ahold of your insurance company...hopefully that will scare him off. In the future, call the cops and wait for them to show up!
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  #6  
Old March 20th, 2007, 05:24 PM
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steve
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I think all you guys are right. I was not at fault... the more I think about the situation the more it becomes apparent that he got pissed he was skrewed on a parking place...shoved it in reverse with out looking and hit me. I called my insurance comapany and told them the story... I'll let him make the call to his or not...at any rate he is not getting any money from me and I have no damage.
Thanks, some times it takes writing it down and getting some feedback to see the answer
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  #7  
Old March 21st, 2007, 03:40 PM
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You also run the risk of giving him money (admitting fault) and then a few weeks later he hits you with medical bills.
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  #8  
Old March 21st, 2007, 03:45 PM
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Jim Cheney
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Good choice - I think people get so caught up worring about "reporting it to the insurance company" or their rates going up that they overlook the inherrent protections in insurance. Also, I think insurance companies stipulate that you are required to report any incident in which your vehicle is involved to them, whether or not it was your fault and irrespective of damage.

My gut feeling is that the situation was exactly what CraigD suggested. Sadly, I know a guy who's mom seems to get rear-ended a couple times a year.
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  #9  
Old March 21st, 2007, 04:04 PM
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Quote:
Originally Posted by JimC
Sadly, I know a guy who's mom seems to get rear-ended a couple times a year.
Bad luck or income earner?

Similiar situation happened to my ex several years back, she called me crying that she was rear-ended in a parking lot. She didn't think she was at fault, but the guy kept pushing the blame onto her. He wanted her to give him $500 initially , but since he was a 'nice guy' and she was pretty he'd take $250 and wanted it right then. I told her to call the cops, as soon as she told him I and the cops were on our way, he was gone like the wind. When I arrived, the cop told us that 'he' fit a description for a person that was scamming individuals in the past 3 months. We found out a few months later, that they had busted him. He tried pulling that scam on an off duty cop.
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  #10  
Old March 21st, 2007, 04:28 PM
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You can do what I do and just file suit against him directly. Scratches ARE DAMAGE. Repainting the tire carrier is not cheap. you should not have to put up with that crap. When I get ahold of the idiot who broke my windscreen in my RRC he will not be happy.
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