So this guy in a parking lot backed up and hit my car

[proud2BlibKansan]

and his insurance company is holding ME 50% responsible?

He hit ME. I was driving, he was backing up.

So I called my insurance company and they said if I pay my $500 deductible, they will go ahead and fix my car and go after the other insurance company to get my deductible back.

This is ridiculous. I get hit and I have to pay $500?!?

No wonder people hate insurance companies.

[villager]

1. years ago a guy backed in to my open door in a parking lot...

...and the insurance compan(ies) held I shouldn't have been opening my door while he was backing in to a head-only parking space...

I was held 50% "liable" too...

[MADem]

2. Are you in a No Fault state? That's probably the issue.

At least your insurance company is going to try to get your money back. That's more than some might do.

[proud2BlibKansan]

11. I don't know

[MADem]

27. If you are still in KS, it's a no-fault state.

You've actually got a good insurance company if they're going to fight to get you your deductible back. Hang on to them.

http://www.ksinsurance.org/consumers/autoclaim.htm

[proud2BlibKansan]

32. No it happened in MO

[MADem]

53. Ah, horseless carriage of a different color, that!!! Not no-fault!

Missouri is NOT a no-fault state. Missouri law requires all motor vehicle owners to carry auto insurance with liability limits of $25,000 per person for bodily injury, $50,000 for bodily injury per accident and $10,000 for property damage per accident. The MO law also requires uninsured motorist coverage of $25,000 for bodily injury per person and $50,000 for bodily injury per accident.... If another driver hits you and leaves the scene you should contact the police. They will investigate the hit and run and if they find the hit-and-run driver you can file a claim against them and/or their insurance carrier. If you carry physical damage coverage then your vehicle is covered. If you carry uninsured/underinsured motorist bodily injury coverage then your medical coverage would be covered. You should always purchase as much insurance as you can afford. The insurance will give you peace of mind that you (the victim) will be compensated. ...

http://www.carinsurance.com/kb/content13326.aspx


On edit...

I'm confused!! This site says you are NO FAULT--perhaps you were repealed since this: http://www.insureme.com/content/rsrc/auto/car-insurance-pip/



By the mid-70s, almost 20 states had some form of no-fault insurance laws. However, over time, rates again rose until "No-Fault" states had higher rates than tort-based states. Beginning in 1980, states started repealing their no-fault laws, and now only nine states (Florida, Hawaii, Kansas, Massachusetts, Missouri, Minnesota, New York, North Dakota and Utah) have mandatory no-fault laws. Eleven states plus the District of Columbia have hybrid laws (Arkansas, Delaware, Kentucky, Maryland, New Jersey, Oregon, South Carolina, South Dakota, Texas and Virginia), which are a combination of no-fault and tort systems.

[proud2BlibKansan]

58. My insurance agent said no, MO is not no fault

And this actually puts me in a better position to get my $500 back. If it was KS, they would just divide up the responsibility regardless of who caused the wreck.

[MADem]

59. Ahh, there ya go! I hope you get your money, and no points! nt

[brentspeak]

3. Happened to me too

I think arbitration ruled it was 60% her fault/40% mine -- even though she admitted to both me and the reporting police officer full responsibility for what happened.

[proud2BlibKansan]

12. This guy admitted he was responsible to me and to the security officer

[Initech]

4. Some douche almost did that to me the other day.

Same scenario too - I was driving, he almost backed into my car. And then the jackass has the nerve to flip me off. I'm still angry about it, even though it didnt exactly happen. :grr:

[rfranklin]

5. Did you file a report with the police?

I failed to do this once when a lady with no driver's licence hit me. (I never realized that she had no licence because she was yelling about being pregnant.) Her insurance card was phoney. I ended up paying $1500 extra on my insurance policy over three years. (A lawyer later told me that she could have gotten them to rescind that with a phone call.)

[proud2BlibKansan]

10. Yes I did

And the other driver did not. Also security at the place where this happened filed a report and told me I can have a copy.

[tammywammy]

6. Probably because it was a parking lot

Which is private property and not a roadway.

[glowing]

7. I would say you need a statement from a cop to say who is at fault.

Most cops do not write a report since its on private property and not public property. So, the ins. companies normally spread it out 50/50 until the ins. co's can hagle it out with one another. If they find no fault, you get your deductable back.

[proud2BlibKansan]

14. After how many years?

[glowing]

65. I'm not sure. It depends on how long it takes for the finagling between ins. co's.

You'll probably never see it again... even if the ins. co. finally gets the money from the other ins. co. You could be with an entirely different ins agency.. or it could be relaltively fast if they want to get paid back from the work done to your car...

[baldguy]

8. All insurance is a scam.

Wonderful concept, poor execution.

[no_hypocrisy]

9. Something like that happened to my friend.

He was waiting to back up literally into traffic with his car in park in his own driveway and someone rear ended him.

The other insurance company wanted him to pay half because his motor was on, hence not "parked".

He then rhetorically asked if the rep would be at his desk in ten minutes because he'd pay him a visit. And when he did, he'd hit him over the head with a 2 x 4, and when the police would come, he'd say it was the agent's fault because he would have known that my friend was coming over. The agent dropped the 50% (not that I'm recommending this tactic . . . ).

[LisaM]

15. That reminds me of a story a friend of mine told (and I didn't agree with her POV)

Her daughter had borrowed someone's car, and decided to turn around in someone's driveway with it. At the same time, the homeowner was backing out and they collided. My friend vigorously defended her daughter, but who the heck looks for someone turning into your driveway while you're backing out? I still reel over that.

[iamthebandfanman]

13. im getting 50/50 too and someone HIT ME! (any lawyers please take a look)

so dont feel bad!

let me tell u what happened...

i was driving down the road with a lil red pickup truck driving in the same lane infront of me..after a few minutes the pick up truck pulled into the oncoming traffic lane(there were only two lanes in total) and proceeded to drive down it for a good 5-6 second.. i noticed a house on that side of the road with a place for a car to pull in lying the same direction as the road. i thought the guy was going to pull into that parking spot. i proceeded to go by the lil red pick up truck on the correct side of the road. as i started to pass he swerved back into my lane and nailed me right in my front driver side tire.


it was a young kid and his father showed up at the scene. turns out his father is a fire fighter and spends the entire time chatting it up with the police officer that responded(after we waited a good 5-10mins for one to responds, mind you we were in a town of 8000 that has roughly 20 officers). anywho, i thought clearly i was the victim here as i had broken no laws... i wasnt the one driving in the on coming traffic lane.

welp, the officer put that i was 'illegal passing' ... how you can illegal pass someone by going by them on ur correct lane of traffic while they are doing something illegal is beyond me. so once again... i was still in my correct lane of traffic continuing to drive forward... wasnt speeding... nothing... just driving down the road in my correct lane of traffic... and thats illegal passing? i wouldnt have been passing if he hadnt been on the wrong side of the road in the first place.


at any rate, im stuck using my coverage for my car and the kid(and father) are stuck paying for their damages thru their policy.

id really like to take it to court but i dont really have the resources to do such a thing...

does it sound like i could possibly do such a thing and win ? i had two witnessess in my car who saw what happened(that he was in the oncoming traffic lane and had no blinker on whatsoever).

[proud2BlibKansan]

18. So the front of your car came into contact with the rear of his car?

If that's the case, you're at fault.

[iamthebandfanman]

21. no

his passenger side front(where his wheel is and bumper) came into contact with my driver side/front(wheel).

like i say, he was in the oncoming lane of traffic(going the wrong direction, he was still traveling the same direction i was as he had gone into the oncoming traffic lane from my lane) and swerved into me with the front of his car as i was driving by him

[proud2BlibKansan]

22. Oh sorry I misunderstood

In that case, sounds like it was his fault.

[iamthebandfanman]

25. youd think since he was the one breaking the law

not me as i was just continueing to drive...

from now on tho ill be sure to stay far away from jackasses who cant drive because apparently if im in a wreck because of someone elses stupidity its also my fault for being so close to the event.


like i say, i think its a case of buddies being buddies to each other. i mean i know for a fact the fire fighter is the one that trains the police officers in CPR and other medical training for first responders... so they had known each other and worked with each other for years... to me it sounds like they worked it out this way.

i also noticed he made the police report VERY vague ... didnt even write down some of the stuff i told him.

id file a complaint against the officer, but that would spell DOOM for me as this is a small community and id become the target of every officer in this place...


long story short, damages ended up being 2,500+ ... im sure my insurance company will love raising my rates now.

[Codeine]

52. You were breaking the law, unfortunately.

Passing a car on the right when there is only one lane is illegal, precisely because it means that a person in the oncoming lane can't merge back and this kind of accident results. That's why it's 50/50, because both drivers, you and the other dude, were in violation of the law.

[Romulox]

29. I think you both were at fault. You can't pass a car on the right on a 2 lane street.

The right thing to do would have been to slow down until you could confirm that the truck had no intention of returning to the lane.

Just my opinion. It does sound like the kid was an idiot, and I would personally assess fault 70/30 him/you. At any rate, glad nobody was hurt! :hug:

[IADEMO2004]

16. If the other insurance co. wants you to sign a medical release

don't it took a couple of months but I was paid 100% of damages and then signed the release

[proud2BlibKansan]

31. No they didn't mention that

But no one was hurt.

[oldnslo]

17. Some drivers' parking lot ettiquette is pretty poor

Speeding through parking lots seems to be a popular sport, and invites consequences. Of course you weren't driving fast in the parking lot, now, were you?
I've tried to back out of parking spots, backup lights blazing, looked in every direction, only to have some jerk asshole fly by within inches of the back of my car, then honk or give me the finger for having the temerity to even think of backing out.

[proud2BlibKansan]

20. I was looking for a parking space and going maybe 5 mph

He, on the other hand, pulled out without looking and hit my car.

Nice try.

[oldnslo]

34. Thanks for clarifying. Your behavior is rare.......n/t

[proud2BlibKansan]

38. It's rare to go 5 mph while looking for a place to park??

[oldnslo]

61. Except for the final 20 feet, yes.

The usual drill for offensive behavior in the parking lot gran prix is 15-20 on the long straightaways between rows of parked cars, particularly if there's a vacant one at the end of the straightaway, then slowing sharply approaching the slot, then cruising into it at 2-5 mph.
This behavior statistically begets accidents. I wasn't there with yours. I stated what I observe on a regular basis in areas I travel around Portland, OR metro. If you were going 5 mph, great. Your considerate attitude is to be commended. Further, young women are worse than men of any age about speeding in parking lots. And they don't seem to give a damn what's or who's in their way, either. God help you if you try to cross their path with a loaded grocery cart.
Good luck on your claim.

[MGB67]

48. I learned about insurance years ago.

In the very early seventies I lived with the other students in the ghetto. I acquired an aging Citroen (long story). At the time I had a Jeep fully insured with Farmer's for $100/year. I figured that insuring the Citroen as a second car would be cheap. I was very surprised when my agent looked it up in his book and said that insurance would be another $200/year.

"Why"?, I said. "It's an ugly old four door sedan."

"No, it's a very fast and expensive European sports car, disc brakes, hemispherical head.... sports car; it's right here in the book."

Insurance was not mandatory then so I didn't bother and, since it had a bad valve rocker anyway, I just parked it in front of the house.

Late one night the folks across the street threw a party. Someone had a problem with someone else and was hanging on his driver's door trying to punch him (all this I heard later). As he backed out the driver decided to brush the fellow off using my Citroen. That part was successful but his bumper caught the lip of the Citroen's driver's door and bent it double and pulled the ass end out into the street. That was the way I found it when I got home. I called the police and reported the hit-and-run. They said that they had noticed the Citroen earlier and that I should get it off the street or get a ticket. They did nothing else about this obvious crime (it was the student ghetto).

It took me a week, using neighborhood grapevine, to track down the hit-and-run driver. When I confronted him he said that he was insured by Allstate and that they had been advised and gave me his agents name.

The Allstate agent turned out to be a very attractive young lady with a deadly combination of long legs and mini mini skirt.

I told her that her client had hit my very fast and expensive European sports car.

"What kind of sports car?"

"A '59 Citroen DS 19." I said.

"Let me look it up in the book". "That's an old and ugly four door sedan", she said, "we won't pay squat for that".

I was so damn outraged that I could barely control my anger at this double standard. I prepared to give her a very indignant blast of crap.

So...... I stared her right in the panties and said "OK".

Neither my opinion of insurance companies nor mini skirts have changed to this day.

[Obamanaut]

55. A prudent driver, when backing out of a parking spot, would expect

other vehicles to be approaching, and be ready to stop instantly. Backing into traffic is quite hasardous due to the blind spots in one's vehicle, as well as the ungainly neck angle required to peer around the vehicles in the adjacent spots.

[Hassin Bin Sober]

60. I agree but some jerks like to assert their right of way even when you are...

....pulled all or most of the way out of the spot. A "for instance" would be if you initiate your exit while the coast is clear and then some jerk comes barreling around a corner and feels the need to assert his "right" of way. Some drivers can't grasp the idea that other cars need time to back out, put the car in drive, and start moving forward. Once the backing vehicle is half or two-thirds out, it should be incumbent on the forward moving vehicle to yield. Parking lots are not thoroughfares - some people don't get that concept.

[LibDemAlways]

19. I hate parking lots. People back up without looking,

careen around corners, and generally create a hazardous obstacle-course environment. If you were anything other than stopped with the engine off, the other guy's company will try to pin part of the blame on you to avoid paying the full claim.

Insurance is a racket.

[azmouse]

23. We've always gotten our deductible back.

If you weren't at fault you'll get the money back. Sometimes it happens faster than others. Once it took almost a year to get our deductible, another time the car was still in the shop getting fixed and we had our money back.

[sinkingfeeling]

24. That's OK. In 1985, I was hit in a very unusual way by two uninsured you men. I was making a left

hand turn off of a two-lane road and was stopped for an oncoming car. When it had passed, I started my turn just as this old van pulled to the left to pass me, so I kind of broadsided them. They were both teenagers and said their brakes failed, so they tried to go around me instead of rear ending me. My insurance company had me pay the deductible and said they would sue to recover all of the expenses since the kids had no insurance. Well, I'm still waiting to get that money back.

[tularetom]

26. At least you have somebody to go after

The guy who t-boned my parked car just drove off and nobody nearby even knew anything about the incident. So I was on the hook for $1000 deductible. But looking at it another way my premiums were reduced because of the higher deductible for several years before the accident so I was probably still ahead.

The worst part was they tried to raise my rates because of this claim. They are no longer my insurance carrier.

[patrice]

28. That happened to my brother and he was PARKED; cost him $900 in attorney fees to make it go away. nt

[Romulox]

30. This is the way it works for 99% of accidents in a no-fault state.

Somebody hits your car? YOU pay your own deductible, (and the increased insurance premiums), and your own insurer pays to repair your vehicle.

Your only recourse is generally to sue the other party to recover your deductible. Generally it's not worth the time and hassle to do so.

[proud2BlibKansan]

33. So I do nothing wrong and have to pay $500??

I don't think so.

[Romulox]

40. LOL. Outrageous! But it's the way it works in a no fault state.

I share your outrage. I actually do. But we in no fault states are used to it.

[proud2BlibKansan]

41. I am not sure MO is no-fault

Anyone know?

[Romulox]

45. Google says no.

Missouri is NOT a no-fault state. Missouri law requires all motor vehicle owners to carry auto insurance with liability limits of $25,000 per person for bodily injury, $50,000 for bodily injury per accident and $10,000 for property damage per accident. The MO law also requires uninsured motorist coverage of $25,000 for bodily injury per person and $50,000 for bodily injury per accident.

http://www.carinsurance.com/kb/content13326.aspx

[proud2BlibKansan]

44. Just looked it up

MO is not a no fault state

[Romulox]

47. Good deal. So you may have a better shot at recovering your deductible.

Theoretically (and I stress, completely theoretically) insurance premiums are cheaper in No Fault states because insurers save money in attempting to collect from other parties. I have no idea if this pans out in the real world.

[proud2BlibKansan]

49. I have lived in both MO and KS

and rates are MUCH less in KS because of mandatory insurance law. KS has had a strict law for years. MO had no law for years and now has a lame law. So its rates are higher.

[MineralMan]

35. I hate parking lots...

so what I do is to park out in the distant areas of them, where nobody else is parked, then walk the extra hundred feet to the store. Nobody goes there, so nobody is going to back into me. The closer you are to the store, the crazier it gets.

I'm just sayin...

[proud2BlibKansan]

39. This lot was packed

The distant areas were full as well.

[ThomWV]

36. What makes you think you two have different insurance companies?

[proud2BlibKansan]

37. Because we do?

[ThomWV]

46. Point was with the game the companies play you could easily have both had the same company

And got exactly the same result.

[KharmaTrain]

42. Sounds Like a Lazy Cop....

A couple years ago, I was in an accident where a dude blrew threw a yellow light speeding his ass off, lost control of the car, spun out and hit not one, but three of us. I was sitting behind a car ready to make a turn when I got clocked (I thought my car was totaled)...still I got a ticket for "following too closely"...the other drivers who were hit got a ticket as well. The cop didn't want to hear any stories and said "let your insurance companies sort this out". He was passing the buck...didn't feel like doing an extensive report or have to deal with spending (wasting) a day in court...so by writing tickets to all, it was like a no-fault...punting it to the insurance companies to sort out.

Like you, I was pissed when I found out that I could be held liable in an accident where I was standing still. Fortunately I had a camera in the car and took a ton of photos of the accident (including a few of a not-so-happy cop)...and was told by my insurance company to let them handle it. I kept waiting to hear that my premiums would be raised or I'd have to pay for the repairs to my car...but was pleasantly surprised. It took about six months, but I got a letter describing how the case had been resolved and that I had been found not responsible...even better, is that the ass who hit me was...and his company reimbursed my company for the repairs to my car and other expenses.

Hang in there...talk to your agent and find out what are your options...and find out if and how they're gonna fight this. You may be pleasantly surprised and reimbursed for your initial outlay.

Good luck...

[acmavm]

43. Well damn! But at least God didn't get mad at you and drop a tree limb

on your car and squish it. Because if God does stuff like that, then companies like State Farm tell you they don't have to pay for your car.

Real story. My favorite car. My LIFETIME favorite car. A Olds Cutlass Supreme. No scratches or dents (until God got all huffy that is).

[Hepburn]

50. Take him to Small Claims to cover your costs.

Take good pictures and get at least 3 estimates. IMO, unless there is something I don't know, it would seem to me that if someone driving a car backs into any object, they are most likely liable.

BTW: Insurance companies suck.

[flvegan]

51. Your insurance co should be doing that anyway.

It's called subrogation. The insurance companies decide who is at fault between them. They come to an agreement. The opposing company doesn't just decide for you. Did you file an actual claim with your ins co?

At least that's how it was 17 years ago.

[wolfgangmo]

54. I was hit.

A company van blew through a stop sign and hit me. The company driver had never had a license. And the insurance companies declined to pay.

Did I mention that I went from being in great shape to being disabled due to a spinal injury. It is in the courts now, but really pisses me off is that my doc tells me that if I had been able to get both therapy and surgery then I wouldn't be paralyzed. As it is I will likely be in pain for life and not be able to use my hands.

I used to be a pro musician and conductor. Now I am out of work, out of time, out of savings, and about to lose my house.

I have relatives up in Canada who have promised to sponsor me so I can get treatment.

US insurance companies are criminal.

[sinkingfeeling]

56. Wow. I certainly hope that you win all of your lawsuits.

[MilesColtrane]

57. That deductible is as good as gone.

Even if they get $$ out of his insurance company, you think they'd cut you in on the action?

[Vinca]

62. There's only one sure thing about insurance companies . . .

they're going to screw you.

[jberryhill]

63. Private Property

The second you pull off of the public roads and enter private property, then you might just as well have entered the bumper car ride as far as your insurance is concerned.

[pinniped]

64. Some asshole scraped my car in a parking lot yesterday and forgot to leave a note.

Maybe the note blew off my windshield.

Because of that, I'm adjusting the sensitivity of my alarm so it will draw attention the next time some asshole hits my car.

My parked car got hit a couple years ago and AAA had the information. I think they tried this pay first shit with me, too. I told them to get it from the other guy, then they cut me a check for the estimate.

[JuniperLea]

66. I was hit in a parking lot, and the guy tried to say I hit him

I took pictures and sent them to my insurance company with a note.

"Please note that my 1969 Dodge Coronet wagon doesn't have the latest, high-tech features that some newer automobiles may have. Such as... it cannot go SIDEWAYS! Which is what it would have had to do in order to cause this damage to the side of my car."

He admitted that he was pulling out of a parking space, but claimed that I hit him! Liar liar pants on freaking fire!!!

I got all my money back for the repairs. I always submit such things to my insurance company and have them go after the other guy. I've had some bad luck crashes... never my fault and my insurance company has never raised my rates because of any of them either.

I love Auto Club of Southern California! Every year that I remain on their good driver list, my premium goes down.