Car Accident/Insurance Questions

[JonDuke]

Let's talk hypothetically for a bit...

Suppose you were parked in a parking lot, and someone reversed into you.
Their car came out flawless, and yours had what you thought was minor bumper damage. Because you guessed it was under $2k, you don't call police, and the offender offers insurance, reg and drivers license, but wants to settle and pay for the damages instead of going through insurance.

You agree, take pics of damage, scene, and their documents, and write up a paper saying she is fully responsible, will pay, and will not take any further action after through insurance. You agree to the same. Both parties sign the paper. You also have multiple 3rd party witnesses on your behalf and know, from the community, the person who hit you and where they live.

Estimate time comes, and the costs turn out to be over $2k. The collision place now won't touch your car until you have a police sticker.

You plan on taking my car to where you bought it in hopes that it'll be cheaper for the offender. (they have been very cooperative with you)

Some questions:

With the first estimate, are you now legally obligated to call the police if the second estimate is lower than $2k?

Also...does insurance have to play a role now that it's over $2k?

And finally...would your insurance be impacted much/at all when it was a parked vehicle and you had no fault in the matter?

Hypothetically speaking, of course.

[ken0042]

You can take it anywhere you want. Ran into this before; where I wanted it fixed at a dealer and he "knew a guy." You never have to get insurance involved, and even if you did- I don't think your rates go up as it goes against his insurance.

[Calgary14]

Parking lots are usually 50/50. We got in an accident when a car came out of nowhere and nailed us. He was driving across the lot diagonally. Insurance said it would be 50/50 since it's too hard to tell who is at fault (even though the damage to both vehicles would back up the statement). The damage to both was so minor neither side went thru insurance. But if we did our rates likely would have increased since insurance would say 50/50.

Our story would have been different if we had an independent 3rd party witness. We didn't. If we did we would have had zero fault

In my experience nothing is minor with auto body work. What you think is $300-500 ends up being $1500.

[Shawnski]

Originally Posted by Calgary14

Parking lots are usually 50/50.

OP indicated they were still parked. No 50/50 involved.


Edit.. To Jon... I had someone rear end me when my car was pretty new. What I saw in damage was slight cracking. But as it was a new car, I had it fixed.

Wrong move.

New bumper that over a relatively short (but out of warranty) period discoloured easily and had the areas around the tires have the paint peel off easily has pissed me off.

In hindsight, I probably would have just had the other party cough up some cash and use it on (insert hookers and blow, beer and popcorn, etc)....

[Calgary14]

Originally Posted by Shawnski

OP indicated they were still parked. No 50/50 involved.

In that case the other party will say they were backing up. Insurance will say inconclusive and rule it 50/50.

You may have been parked but if the other party lies to insurance the stories will conflict and they'll rule it 50/50. But that would change with a 3rd party witness

[jayswin]

Originally Posted by Calgary14

In that case the other party will say they were backing up. Insurance will say inconclusive and rule it 50/50.

You may have been parked but if the other party lies to insurance the stories will conflict and they'll rule it 50/50. But that would change with a 3rd party witness

Did you miss this part?

Originally Posted by JonDuke

You also have multiple 3rd party witnesses on your behalf.

[RW99]

For OP's questions, 1 - No, they can go ahead and repair and you dont have to notify the police. 2 - No, insurance does not need to be involved and wont be unless you or the other party starts talking to them.

Regarding witnesses, they have to be unbiased, unknown to both parties. Same reason why you cant use your passenger to say another party was at fault.

[JonDuke]

Originally Posted by RW99

Regarding witnesses, they have to be unbiased, unknown to both parties. Same reason why you cant use your passenger to say another party was at fault.

So, if the witnesses were other parents returning to their cars when dropping off kids at school, you would be safe to use them if you didn't know them outside of seeing them in the hallway?

[jayswin]

Originally Posted by JonDuke

So, if the witnesses were other parents returning to their cars when dropping off kids at school, you would be safe to use them if you didn't know them outside of seeing them in the hallway?

I can't remember how the question was phrased by my insurance agent (recently went through this), but I beleve they ask in a way that you're not supposed to know them from anywhere.

This would be a really interesting situation, imo, and I'd like to know. I believe even just seeing them often while picking up kids and (presumabley) talking to them on occassion may rule them out.

[Shawnski]

n/m

[puckluck2]

Originally Posted by Calgary14

In that case the other party will say they were backing up. Insurance will say inconclusive and rule it 50/50.

You may have been parked but if the other party lies to insurance the stories will conflict and they'll rule it 50/50. But that would change with a 3rd party witness

That is why you should always call police and have them write a police report. They won't lie to police and if they do then they're stupid and could face charges. I had the exact same situation happen to me at the ATB parking lot in Forest Lawn. Someone backed into me while I was moving and it was ruled 100% their fault.

[zamler]

Go fill out a Police report. If the person that hit you refuses to pay for all the damages, then call their insurance.

[Calgary14]

Originally Posted by puckluck2

That is why you should always call police and have them write a police report. They won't lie to police and if they do then they're stupid and could face charges. I had the exact same situation happen to me at the ATB parking lot in Forest Lawn. Someone backed into me while I was moving and it was ruled 100% their fault.

We wrote a police report. Insurance still said 50/50. Police reports don't act as witnesses.

[Slava]

Originally Posted by Calgary14

We wrote a police report. Insurance still said 50/50. Police reports don't act as witnesses.

Yours was 50/50 based on the circumstances of the accident. A vehicle backing up is going to be 100% at fault, regardless of whether its a parking lot. Of course if someone lies, or gives other evidence these things can change, but the fault isn't determined based on where the accident took place.

[ken0042]

Originally Posted by Slava

A vehicle backing up is going to be 100% at fault, regardless of whether its a parking lot.

Are you sure? I thought it was almost always 50/50; unless there is something clear to indicate otherwise.

[Slava]

Originally Posted by ken0042

Are you sure? I thought it was almost always 50/50; unless there is something clear to indicate otherwise.

I guess what I mean is if one vehicle is backing up and the other is not, the backing vehicle will be at fault. If both are backing up, its 50/50. You do get arguments because one driver says "we were both backing up" and the other says "I was done backing up and he backed into me" and that sort of thing.

[Hevishot]

Originally Posted by zamler

Go fill out a Police report. If the person that hit you refuses to pay for all the damages, then call their insurance.

Always get a damage sticker it keeps the people that hit you from dissapearing 90% of the time. If the police refuse to give you one because it doesnt look over 2000.00 tell them that no shop will look at your car without a damage sticker because it wastes time in the repair process afterwords.

This is what I tell everybody who comes in the door when they are bumped by someone who wants them to go get 3 Estimates and than complains that they were all too expensive and than wants you to take it to their "buddy" or go the insurance route. Most of the time you will waste your time going and getting estimates because if it goes through insurance they will either send you somewhere to get an approved estimate for repair or send out an appraiser to look at your car.

[Raekwon]

Here is an intersting read for anyone wondering about who is at fault. This is the IBC intercompany agreement showing how claims are adjusted when both companies are an IBC company. Its done this way to speed up the claims process and isn't always fair. Includes a pretty chart with pictures.

https://www.dropbox.com/s/y6o4c0uwrc...t_jan_2002.pdf

[undercoverbrother]

Originally Posted by Raekwon

Here is an intersting read for anyone wondering about who is at fault. This is the IBC intercompany agreement showing how claims are adjusted when both companies are an IBC company. Its done this way to speed up the claims process and isn't always fair. Includes a pretty chart with pictures.

https://www.dropbox.com/s/y6o4c0uwrc...t_jan_2002.pdf

But isn't applicable in all instances...

[undercoverbrother]

Originally Posted by ken0042

Are you sure? I thought it was almost always 50/50; unless there is something clear to indicate otherwise.

Slava is correct. If there are differing stories and no unbaised witness, then a King Solomon approach will be taken, ie: there must be some truth in each side some split it down the middle.