Problem with car insurance, can you drivers out there help?

B

betsie2k

0
I had a bump with someone whilst driving.

It was on a two lane one way street.

The lady was doing a parallel park and I was driving past and she swung out and hit me.

Who's fault is this?

I have attached a picture so you can familiarise yourselves with the scenario.

She is in the silver car, I am in the sky blue car.

I was doing around 5mph / 8kph
 
A similar thing happened to me when I was on my scooter a week ago. Fortunately for me, the guy got out of his car, admitted fault and apologized. This case may be a little different because the other person hasn't admitted they were at fault...

Basically, it looks like the other driver crossed into your lane while parking. if you were moving forward and hit them, it's possible that you'll be found at fault for not maintain control of your vehicle at all times. if you were stopped and they pulled forward into the side of your car, it's pretty obviously their fault.

Don't go to your insurance right away and hopefully you get the other driver to admit they were at fault. Best of luck to ya, hopefully the other driver's insurance is helpful too!
 
There may be certain laws in the area where you have to yield to people who parallel park. Judging by it though, it seems like the other person went over two lanes just to park. However, it might be your fault if you changed lanes to pass around the person without giving yield. If you were just driving and suddenly the other person crossed two lanes and hit you, then it is the other person's fault.

It is smart to never admit fault in an accident especially where situations such as these occur. Unless you have another witness to come forward, it's pretty much your words against theirs and if it goes to court, which is doubtful that it will, then it will pretty much come to whichever story makes the most sense. If one admits fault, then they are automatically guilty whether or not they are actually at fault or not.
 
Dallen said:
If one admits fault, then they are automatically guilty whether or not they are actually at fault or not.
Click to expand...

Exactly. This is why you state with confidence that the other person was at fault. For instance, when the guy hit me a few weeks ago:

Guy in car: "What happened?"
Me: "You came into my lane and hit me."
Guy in car: "Oh, I'm sorry, I didn't see you... let me give you my information."

The guys insurance is paying for all repairs and I haven't even had to get my insurance involved one bit. :cool:
 
I was driving in a straight line and when I was parallel to her car she hit the side of my car.

When I learnt to drive I learnt to mirror, signal manoeuvre.
I think that she did not check her left mirror before moving.

I have had minor side bumper damage.

She was the first one to tell the insurances. She has a witness, if they twist the story I believe I will be ****ed.

I have been looking for witnesses myself but have had no joy.

But I was driving in a straight line, I can't see how they can possibly change the story.

My insurance company have said that is she admits to reversing then she will be at fault.
 
take pictures. its pretty clear that she passed the dotted line as you drove by. her fault.

witnesses don't always mean anything if the physical evidence shows it went another way.
 
Did anyone contact the police at the scene? If neither you or the other person called the police, you might want to check with your local dispatcher, a bystander may have called it in. I was in an accident once and it took over 30 min for the police to show up and we called them 3 times while we were waiting! And it was in a small town and no other accidents happened that day! If someone happened to call it in and said it was the other person's fault you could get your witness.

I work in insurance and if you have a good company they will do all this work for you. I would suggest going to your agent and reporting the claim, because if she has already reported to her company then they are going to be calling your company. It's better if they hear the story from you 1st then you just comming in saying they lied. If there isn't enough damage to bother fixing then they can just close without payment and it will not affect your record, it will just make it so she can't go out and damage her car more then blame it on you and you end up paying more in the long run. Now keep in consideration this is the way it is in Iowa and insurance rules are different in every state so contact your agent and ask them how long you have to report a claim and what the rules are.
 
usually you shoulnt leave without the police coming to check it out t get a report.

Worse comes to worse, get one of your friends to be a witness ;)
 
Make sure you were parralel to her when she started the movement and not behind her because chances are you would get pulled for not maintaining a safe following distance if you were behind.
 
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