fender bender opinions

[roadtoruin]

Looking for an answer from an adjuster. Say you are in a private (underground) lot and you pull up behind someone and stop, person in front throws it in reverse and backs up into you. If this goes through insurance is the person doing the reversing going to take the hit? Will it be no fault by insurance and both parties penalized? Likely no cameras or witnesses to speak of, one word against another. Whats the best way to proceed?

 

[nfq]

Looking for an answer from an adjuster. Say you are in a private (underground) lot and you pull up behind someone and stop, person in front throws it in reverse and backs up into you. If this goes through insurance is the person doing the reversing going to take the hit? Will it be no fault by insurance and both parties penalized? Likely no cameras or witnesses to speak of, one word against another. Whats the best way to proceed?

if this underground is in a Condo, ask for the tapes from the cameras to see if it was caught on tape. That should make it pretty evident what's going on.

 

[chrias]

The person reversing is 100 percent at fault regardless if it's private property

 

[GreyGhost]

While not exactly applicable, it seems similar to 7.2 of the fault determination rules. Car exiting the parking spot is 100% at fault.

7. (1) This section applies when automobile “A” collides with automobile “B” while automobile “B” is
entering a road from a parking place, private road or driveway.
(2) If the incident occurs when automobile “B” is leaving a parking place and automobile “A” is
passing the parking place, the driver of automobile “A” is not at fault and the driver of automobile
“B” is 100 per cent at fault for the incident.

 

[Wasted]

While not exactly applicable, it seems similar to 7.2 of the fault determination rules. Car exiting the parking spot is 100% at fault.

7. (1) This section applies when automobile “A” collides with automobile “B” while automobile “B” is
entering a road from a parking place, private road or driveway.
(2) If the incident occurs when automobile “B” is leaving a parking place and automobile “A” is
passing the parking place, the driver of automobile “A” is not at fault and the driver of automobile
“B” is 100 per cent at fault for the incident.

19(2) The driver of automobile A is 100 per cent at fault and the driver of automobile B is not at fault for an accident that occurs when automobile A is backing up

 

[roadtoruin]

19(2) The driver of automobile A is 100 per cent at fault and the driver of automobile B is not at fault for an accident that occurs when automobile A is backing up

I'd rather not go through insurance, but on the other hand I don't want to pay a dime for someone elses mistake. It appears there is no damage to my car just the other persons, but it sounds like my *** is covered with 19(2). Thanks.

 

[Baggsy]

In this case it might depend on if the person is willing to lie to get a better deal.

If they lie that you drove into them, and there isn't an obvious reason for them to be backing up, who would be believed?

 

[Wasted]

In this case it might depend on if the person is willing to lie to get a better deal.

If they lie that you drove into them, and there isn't an obvious reason for them to be backing up, who would be believed?

Yup. That can get ugly fast. If there are conflicting details the claim could easily go 50/50 which essentially means that you are both at fault. How did the conversation go after the impact? Do you have any reason to think that the other person might try to throw you under the bus?

If I didn't have any damage and was worried that the other person might claim and **** me over I'd probably give him a call and act like I was doing him some huge favour by not calling my insurance company and telling him to just quietly take care of his own damage so that insurance doesn't have to get involved.
If he does go ahead and claim, make sure that you make a diagram of your parking spot, his spot and the exit. You'll have to make a case that he backed into you and that you didn't hit him and that won't be easy to do.

 

[stasis218]

I would just report it to the collision centre first, sometime things get ugly fast. It will be great if you can get your hands on the underground camera video.

 

[roadtoruin]

No cameras captured it, and yes she is trying to say I hit her. But she also admitted in a text msg that she was reversing when it happened and didn't see any cars behind her, my insurance is interested in this evidence and they say it sounds cut and dry (didn't see me? what if it was a kid behind her car), with her being at fault. Crappy situation to have to deal with all around. I also told her i'm not interested in going through insurance and I will repair my own car, gave her a ticket out of this but she shot it down. I hope she gets pinned 100percent.

 

[nfq]

No cameras captured it, and yes she is trying to say I hit her. But she also admitted in a text msg that she was reversing when it happened and didn't see any cars behind her, my insurance is interested in this evidence and they say it sounds cut and dry (didn't see me? what if it was a kid behind her car), with her being at fault. Crappy situation to have to deal with all around. I also told her i'm not interested in going through insurance and I will repair my own car, gave her a ticket out of this but she shot it down. I hope she gets pinned 100percent.

take screenshots/backup whatever messages you have back and forth. If she did admit to not seeing you and reversing, it's open and shut. Any adjuster worth his penny loafers would make this go away and you being not-at-fault.

 

[zeniceguy]

I'd rather not go through insurance, but on the other hand I don't want to pay a dime for someone elses mistake. It appears there is no damage to my car just the other persons, but it sounds like my *** is covered with 19(2). Thanks.

They only have 48 hours to report it. Go make your report first and don't tell the other guy. If he trys to get money out of my u in a week you can tell him where to go.

 

[Wasted]

They only have 48 hours to report it. Go make your report first and don't tell the other guy. If he trys to get money out of my u in a week you can tell him where to go.

They have 1 year from the date of loss to report the claim to insurance.

 

[nobbie48]

No cameras captured it, and yes she is trying to say I hit her. But she also admitted in a text msg that she was reversing when it happened and didn't see any cars behind her, my insurance is interested in this evidence and they say it sounds cut and dry (didn't see me? what if it was a kid behind her car), with her being at fault. Crappy situation to have to deal with all around. I also told her i'm not interested in going through insurance and I will repair my own car, gave her a ticket out of this but she shot it down. I hope she gets pinned 100percent.

If she texted you and you have the saved the text you should be OK. Without the text message or other witnesses she can deny anything she said to your face and you could be screwed 50/50 at best.

 

[zeniceguy]

You can make an insurance claim with in a year, yes
But police report has to be done in 48 hours. If the other person doesn't make one and try with the insurance later, then they just have to look at the undisputed police report because they didn't file one.