My question involves a traffic accident from the state of: South Carolina
I was in a minor accident in the parking lot of a grocery store. I will outline the events that transpired below and I am simply asking if you all think I should take the other driver to small claims court.
My vehicle was parked in the first spot after the handicap spots. The parking lot is designed for traffic to only flow one way with angled parking spots on both sides.
I was leaving the store and Driver B was arriving to the store.
Driver B pulled behind me and proceeded up the parking lot to pull into a parking spot about 3 up from me on the opposite side. She could not get completely in this spot as it was blocked by a parked car with their passenger side door open.
Driver B decided they could not wait for them to close the door so they decided to not only back out of the spot but back down the aisle.
I was clear to back out and was about half way out of my space
Driver B backed into me. She stopped, looked back and motioned "Im sorry" and then pulled up the lot to find a spot to park.
We both met at my car and proceeded to call the police to report the accident. It was the Friday before memorial day and they were very busy.
We decided to just call her insurance to report the accident and give our statements.
During her statement I heard her say, "yes backing at the same time" and that made me curious as to what type of details they were getting from her. When it was my turn to share my personal information they insurance company stated they would call me back to get my statement on what happened. I informed them that I wanted to give my statement now because I want to make sure both myself Driver B agrees to how it happened. Driver B got back on the phone and I heard her say, "Yes, I agree completely with how he has stated the accident happened".
We decided to call the police back to cancel them from coming out because we were able to settle it through insurance.....little did I know :wallbang:
A few weeks goes by and I recieved a call from their insurance company stating they will not be paying for any damages and said that the drivers story does not match the report I gave. I asked about the fact that Driver B was on record saying she agreed with my account of the accident. They told me that it was noted that I could have pressured Driver B to say that and they are tossing out her original comments. They only thing I could do was to try and gather video evidence from the grocery store.
I ended up going to the grocery store and they do not have parking lot cameras. They do however have one camera that is at the exit of the store that captured 85% of this. It shows everything that I described and shows her backing and stopping in the middle of the isle. Because of the angle the camera does not pick up my vehicle at all. The insurance company decided to throw that out as well. :wallbang:
Now I have got my insurance company involved to try and help fight this. They have contacted the other insurance company and Driver B. Driver B has declined to give my insurance company a statement. Her insurance company told mine that they ruled me 60% at fault and her 40% at fault but Driver B is not asking for any damages.
It is almost like her insurance company has made this decision and there is nothing myself or my insurance company can do about it. What are my options? Should I take Driver B to small claims court. This situation is so irritating to me and I want her to do what is right. The damages to my vehicle are estimated around $1,200 - $1,500.
Update:
I just received the statement from her insurance company. This is the determination of fault as listed....
We have carefully considered the facts of this accident. Based on our investigation, we do not believe our insured was legally liable for your damages.
The proximate cause of this loss is that you were backing causing the collision.
In the absence of legal liability, we would not be justified in making settlement. Therefore, we must deny payment of this claim.
I was in a minor accident in the parking lot of a grocery store. I will outline the events that transpired below and I am simply asking if you all think I should take the other driver to small claims court.
My vehicle was parked in the first spot after the handicap spots. The parking lot is designed for traffic to only flow one way with angled parking spots on both sides.
I was leaving the store and Driver B was arriving to the store.
Driver B pulled behind me and proceeded up the parking lot to pull into a parking spot about 3 up from me on the opposite side. She could not get completely in this spot as it was blocked by a parked car with their passenger side door open.
Driver B decided they could not wait for them to close the door so they decided to not only back out of the spot but back down the aisle.
I was clear to back out and was about half way out of my space
Driver B backed into me. She stopped, looked back and motioned "Im sorry" and then pulled up the lot to find a spot to park.
We both met at my car and proceeded to call the police to report the accident. It was the Friday before memorial day and they were very busy.
We decided to just call her insurance to report the accident and give our statements.
During her statement I heard her say, "yes backing at the same time" and that made me curious as to what type of details they were getting from her. When it was my turn to share my personal information they insurance company stated they would call me back to get my statement on what happened. I informed them that I wanted to give my statement now because I want to make sure both myself Driver B agrees to how it happened. Driver B got back on the phone and I heard her say, "Yes, I agree completely with how he has stated the accident happened".
We decided to call the police back to cancel them from coming out because we were able to settle it through insurance.....little did I know :wallbang:
A few weeks goes by and I recieved a call from their insurance company stating they will not be paying for any damages and said that the drivers story does not match the report I gave. I asked about the fact that Driver B was on record saying she agreed with my account of the accident. They told me that it was noted that I could have pressured Driver B to say that and they are tossing out her original comments. They only thing I could do was to try and gather video evidence from the grocery store.
I ended up going to the grocery store and they do not have parking lot cameras. They do however have one camera that is at the exit of the store that captured 85% of this. It shows everything that I described and shows her backing and stopping in the middle of the isle. Because of the angle the camera does not pick up my vehicle at all. The insurance company decided to throw that out as well. :wallbang:
Now I have got my insurance company involved to try and help fight this. They have contacted the other insurance company and Driver B. Driver B has declined to give my insurance company a statement. Her insurance company told mine that they ruled me 60% at fault and her 40% at fault but Driver B is not asking for any damages.
It is almost like her insurance company has made this decision and there is nothing myself or my insurance company can do about it. What are my options? Should I take Driver B to small claims court. This situation is so irritating to me and I want her to do what is right. The damages to my vehicle are estimated around $1,200 - $1,500.
Update:
I just received the statement from her insurance company. This is the determination of fault as listed....
We have carefully considered the facts of this accident. Based on our investigation, we do not believe our insured was legally liable for your damages.
The proximate cause of this loss is that you were backing causing the collision.
In the absence of legal liability, we would not be justified in making settlement. Therefore, we must deny payment of this claim.
Determination of Fault: Should I Take Other Driver to Small Claims Court
Aucun commentaire:
Enregistrer un commentaire