Parking lot accident - advice needed

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jenjen123456
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Parking lot accident - advice needed

Unread post by jenjen123456 on

looking for advice on what to do....

I was driving behind a car in a parking lot. They didn't see me and backed into me. I was stopped at the time of the accident. Their vehicle is fine but they dented my hood and it won't close properly. I have very basic insurance. They were doing anything they could to cover themselves, saying I was following too close (I wasn't) and that insurance will be 50/50 because it happened in a private place. We exchanged information but I have no idea what to do next. I'm afraid I won't be able to prove they were at fault and that I'll have to pay my deductable plus face an increase in my insurance rates. My car is also a bit of a junker, if that makes any difference. Help!


jsherk
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Unread post by jsherk on

Unless you have video to prove that they backed into you, insurance will probably hold you at least partially responsible, if not 100%. Does not matter whether or not it was on private property. If you report it to insurance then there might be an increase.

If its less than $1,000 (better check this number) then you do not have to report it to police.

If you or them have not reported it to police, then you do not need to report it to your insurance.

If your car is a junker, then get a big hammer, and try to bang everything back so the hood closes and leave it at that.
+++ This is not legal advice, only my opinion +++


jenjen123456
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Unread post by jenjen123456 on

Thanks for the reply. Sadly, no video evidence. I'm considering not reporting it but I'm afraid they might report it to cover themselves....


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Unread post by jsherk on

Was there damage to their vehicle?

How much damage to yours (in dollars)?
+++ This is not legal advice, only my opinion +++


jenjen123456
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Unread post by jenjen123456 on

No damage to their vehicle. I'm not sure how much damage ($) was done to mine yet. In the photo you can see they made a dent in the hood and it took off the paint (the brown spot). The hood is also raised a bit now so doesn't fully close. The black plastic piece is also broken.
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jsherk
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Unread post by jsherk on

Well again, with no video your insurance will probably find you at fault and raise your rates.

I just did a google search, and there needs to be at least $2000 damage in order for you being required to report it.

If you feel the damage is less than $2000 then I would just let it go (as you say your car is a junker).

Worst case is the other people do report it, and if you get contacted by police just tell them you think the damage is under $2000 and that you were not required to report it.

I have an old 1994 Subird "junker" and I was driving thru a parking lot and a guy backed is pickup truck out of a spot as I was driving by and dented/scratched up my rear quarter panel really bad (no damage to his vehicle). He was totally willing to give me all his information and admit fault (and insurance would have founf him at fault too) but I just said "Just another scratch and dent on the car that matches the ones I already have. Have a nice day." So the only difference in my story is that my insurance probably would not have found me at fault. The point being, if its a junker then it is probably not worth the hassle reporting it and dealing with possible insurance hike.
+++ This is not legal advice, only my opinion +++


jenjen123456
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Unread post by jenjen123456 on

Thanks. I probably won't report it. If it was only cosmetic, I definitely wouldn't. I'm just torn becausei don't think it's safe to drive with the hood boot closing properly. I may end up getting it fixed out of pocket.


jsherk
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Unread post by jsherk on

If you have collision insurance, then you only will have to pay your deductible but may still get an increase in insurance so you lose either way.
+++ This is not legal advice, only my opinion +++


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bobajob
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Unread post by bobajob on

I believe your insurance requires you to report ALL incidents, regardless of cost or fault.

It forms the basis of them appraising you,

The correct advise IS that you should report it.

FAILING to report an incident to your insurance, AND should the other party decide to could cause you problems.
When reporting an accident insurance generally are only concerned if 1> THEY have to pay out
IF you work it out between you and 3rd party generally there is no DING in cover

IF you fail to report, and you get caught out, it could be seen as deception

Now whether you "want to or not" is another matter.

But that IS the correct information, last time I spoke to my insurance coimpany and taken from the ON form
I'll try and find it on line, but it CERTAINLY will be in your insurance handbook.

When it comes to insurance companies, FOLLOW THERE advice to the letter
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


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bobajob
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Unread post by bobajob on

Insurance Company Reporting: Your insurance policy states that you are required to report all accidents,
regardless of the amount of damage. Many drivers believe that if they pay the damages themselves they don’t need to involve the insurer;
this is not true. Your insurer needs to be kept in the loop of any collision.

source: insurance hotline DOT com

I'm sure if I digged hard enough I'd find the correct form too
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


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bobajob
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Unread post by bobajob on

if the boot is not closing properly, exhaust gasses could be drawn into the car; causing several things
1> drowsyness
2> poisening

So I'd say it's a potential problem
jenjen123456 wrote:Thanks. I probably won't report it. If it was only cosmetic, I definitely wouldn't. I'm just torn becausei don't think it's safe to drive with the hood boot closing properly. I may end up getting it fixed out of pocket.
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


jenjen123456
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Unread post by jenjen123456 on

I got an estimate and unfortunately need a new hood (~$1000). I decided to go through insurance and they determined I was not at fault. Woo hoo!






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