PDA

View Full Version : Home and Auto Who's at fault?


mikeyis4dcats.
04-13-2009, 09:32 AM
Okay, yesterday I went out to dinner and as I pulled into the parking space, the guy next to me opened his door. He did not begin to open his door until I was already halfway into the space, and his door caught my door handle and ripped it out of the door. It also dented the door and damaged the paint.

Initially he took all responsibility, and indicated he happens to work at the Mercury dealer's bodyshop, so he would call and order the parts ASAP and get it all taken care of. He repeatedly apologized and said he was going to take care of it without his insurance.

Today he calls me and now he's talking about how we were both at fault. I told him I have no intention of sharing the financial reposibilities, as he opened his door without looking into my car. I could see his point had he opened his door and I hit it, but he hit me instead.

I'm thinking now maybe I should file a police report and get his insurance info just in case he flakes out.

What say you?

Saulbadguy
04-13-2009, 09:34 AM
I'd say there is no fault.

Reerun_KC
04-13-2009, 09:35 AM
Would file the report and get his insurance info....

mikeyis4dcats.
04-13-2009, 09:35 AM
I'd say there is no fault.

Why do you say that? His negligence caused me to incur loss.

Mr. Plow
04-13-2009, 09:45 AM
Would file the report and get his insurance info....


I tried the "nice guy" approach one time in a minor fender bender. I nearly ended up with all the bill when it was his fault.

Won't do it again. Call police, file the report and be done with it.




PS....don't wait for him to file the report first.

ChiefButthurt
04-13-2009, 09:49 AM
So what he's saying is that if he opened his car door while parallel parked as you were traveling down a roadway, and you hit his door it would be both of your faults? Yeah right!!! Road versus parking lot NO difference.

Several years ago, some guy opened his door and ding the side of my car, I called the cops and made a report, he paid.

CoMoChief
04-13-2009, 09:51 AM
Okay, yesterday I went out to dinner and as I pulled into the parking space, the guy next to me opened his door. He did not begin to open his door until I was already halfway into the space, and his door caught my door handle and ripped it out of the door. It also dented the door and damaged the paint.

Initially he took all responsibility, and indicated he happens to work at the Mercury dealer's bodyshop, so he would call and order the parts ASAP and get it all taken care of. He repeatedly apologized and said he was going to take care of it without his insurance.

Today he calls me and now he's talking about how we were both at fault. I told him I have no intention of sharing the financial reposibilities, as he opened his door without looking into my car. I could see his point had he opened his door and I hit it, but he hit me instead.

I'm thinking now maybe I should file a police report and get his insurance info just in case he flakes out.

What say you?

He admitted fault. He's at fault. Get a police report though to get his insurance info. If he flees you're ****ed and would have to go under your policy if not wanting to pay out of pocket. I'm a auto claim rep, I work this kinda shit everyday. Right now currently actually.

Scorp
04-13-2009, 09:51 AM
Road versus parking lot NO difference.


Bullshit. Parking lot is private property. Makes a huge difference in the laws.

mikeyis4dcats.
04-13-2009, 09:52 AM
So what he's saying is that if he opened his car door while parallel parked as you were traveling down a roadway, and you hit his door it would be both of your faults? Yeah right!!! Road versus parking lot NO difference.

Several years ago, some guy opened his door and ding the side of my car, I called the cops and made a report, he paid.

Well the biggest thing is if I had pulled into the space and hit his opened door, I would accept fault. However in this case, he opened his door after I was pulled in, after my side mirror passed but catching my handle.

Pants
04-13-2009, 09:56 AM
:clap:

Buehler445
04-13-2009, 10:00 AM
Suck dude. Usually it is best to just get the police there and get the report done. As my insurance company won't do anything without it.

have you gotten an estimate on it?
Posted via Mobile Device

mikeyis4dcats.
04-13-2009, 10:03 AM
Suck dude. Usually it is best to just get the police there and get the report done. As my insurance company won't do anything without it.

have you gotten an estimate on it?
Posted via Mobile Device

no, just happened yesterday evening. Think I'll run by at lunch and fill out an accident report and get it looked at.

Buehler445
04-13-2009, 10:05 AM
no, just happened yesterday evening. Think I'll run by at lunch and fill out an accident report and get it looked at.

Yeah. I don't think he'll "get it taken care of"
Posted via Mobile Device

BWillie
04-13-2009, 10:35 AM
Depends on what he tells his insurance company. Depends on exactly how the abrasions look like on your vehicle. Is his door operable? It doesn't sound like his door was ripped off or jarred outward towards the hinges. If the loss happened the way you tell it, it was obviously his fault. But the only thing he has to do is tell his insurance company he left his door open over 5 seconds and they will most likely find you to be at fault.

In 99% of all cases, police will not come out to this loss. Hell, in most states, they will not even come out unless someone is hurt. The police simply do not give two shits about civil cases, especially fender benders.

If he tells his insurance company I had just opened my door and did not see the vehicle coming and felt a jolt...they will find him to be at fault.

If this was on a street and he was parallel parked it would be more clear, but he could still just say he had his door open for an extended period of time and you just didn't see it. Sometimes insurance companies will spin it that your vehicle was going at such a low rate of speed you should of saw his door opening and been able to prevent it. Based on your scenario, I don't think there was anything you could of done because you were already into your space and the damage is on the side of your car, and not towards the front bumper and fender.

Any other questions?

patteeu
04-13-2009, 10:36 AM
no, just happened yesterday evening. Think I'll run by at lunch and fill out an accident report and get it looked at.

Good plan.

diehardchief4life
04-13-2009, 11:42 AM
My wife was hit by a guy driving in the alleyway and she was on the main thru street in a parking lot. The cop said that he could not assess fault since it was on private property so each party had to pay for their own vehicle. She was t-boned in her wreck and we had to pay our own deductible just because it was on private property. I think you may be SOL.

BWillie
04-13-2009, 11:42 AM
Good plan.

Yeah and the police will go. Ok who was involved, what was their name, what were they driving. That's it. It will just be a reference of the loss. No investigating will be done whatsoever. A police report at this point of the loss does not ad any value to the claim.

RJ
04-13-2009, 11:47 AM
Shit happens.

Get the insurance info, let them sort it out.

BigRichard
04-13-2009, 11:53 AM
Find out where this guy lives. Then capture any pet he might have chop its head off and leave it in his bed while he sleeps. He will pay then. Oh yes, he will pay then.

Iowanian
04-13-2009, 11:56 AM
I'd blame the white man.


The truth is, it'll end up being the fault of the guy with the worse attorney.

patteeu
04-13-2009, 12:16 PM
Yeah and the police will go. Ok who was involved, what was their name, what were they driving. That's it. It will just be a reference of the loss. No investigating will be done whatsoever. A police report at this point of the loss does not ad any value to the claim.

It's better to be on record with your side of the story than to not be. I don't think it adds a lot of value, but like I said, it's better, so it adds some.

Something similar happened to me a while back. This young girl rear ended me as we approached a stop light in the rain. She thought I was changing lanes into the left turn lane and tried to pass me on the right. I was almost certainly drifting toward the center of the road, but I never changed lanes and she drove up under my rear bumper. My vehicle wasn't damaged, but her hood was dented. We pulled over and she asked me what we should do. I told her that her insurance company would have to pay for it and that we could either exchange insurance information or we could call the police. We ended up just exchanging information. The next day, our local police chief called me and asked me to drive down to the station because when she got home her dad decided that they were going to file a police report and try to claim that I swerved into her. I took my truck down there a short time later, the officer took my statement and then inspected both cars. In the end, he agreed that the location of the damage verified my story and determined that the wreck was her fault. That just goes to show though that sometimes the police might be willing to do a little more investigation than you're giving them credit for.

CoMoChief
04-13-2009, 12:18 PM
Usually on the back of your ins card, it will tell you something like "DO NOT ADMIT FAULT" simply because a lot of times thats what the insurance companies will go off of. The insurance companies don't enforce the law. They don't go to traffic school anything like that. If someone admits it's their fault and offer to fix the veh repairs, then it's their fault. But in that case just in case he's a liar get his insurance info or file a police report.

BWillie
04-13-2009, 12:43 PM
Usually on the back of your ins card, it will tell you something like "DO NOT ADMIT FAULT" simply because a lot of times thats what the insurance companies will go off of. The insurance companies don't enforce the law. They don't go to traffic school anything like that. If someone admits it's their fault and offer to fix the veh repairs, then it's their fault. But in that case just in case he's a liar get his insurance info or file a police report.

That is incorrect. I've had people that felt they were at fault because they spilled their coffee on themselves and got rear-ended. It's always good to not admit fault if you feel you are not liable, but I don't really care if the insured or claimant feels they are at fault or not. I've had people high and drunk as f*ck hunched over on the steering wheel and get nailed and they weren't at fault.

I had a very persuasive claimant actually persuade one of our insured's that they were at fault when they were driving down a parking lot aisleway and the claimant backed into their back rear quarter panel. The insured even swerved to avoid it. She was a kept woman, and elderly, and the claimant thought if he took advantage of her and she admitted fault we would pay for his vehicle. We did not.

What you all need to do is get a drive cam in your vehicle. I guess they make them now where they record everything and erase them after so many hours. Then, you have proof. Always obtain a witness too if you can. When I get in a wreck I'm going to get my phone out and put the camcorder on and go, alright motherf*cker, tell me exactly what happened.

mikeyis4dcats.
04-13-2009, 04:40 PM
well, I got fucked. Went and got an estimate at his place of employment (Noller Ford in Topeka). When the guy was done I asked to speak to the guy that hit me. He informed me that he'd thought more about it and he wasn't willing to pay more than half. I told him that wasn't acceptable and I wanted his insurance info, at which point he informs me he had none. Wouldn't give me his home address or phone either, so I called the cops and had them come and they were at least able to get that info for me. Unfortunately they told me they can't cite him for not havin insurance unless he's driving on a city street. I suggested she wait a few minutes until 5pm and see if he drove home, asking her if she had some paperwork to do or anything. She smiled and laughed at that, so who knows, maybe she took my suggestion and got a little justice. Me, I'm screwed and out $615.


Last time I cut ANYONE a break, no matter how nice they are, how nice of a car they drive. Never again.

Spott
04-13-2009, 04:43 PM
Legally the guy who opened the door is at fault. Go ahead and file the report if you want to so that guy can get a ticket to go along with the cost of fixing his car.

mikeyis4dcats.
04-13-2009, 04:45 PM
Legally the guy who opened the door is at fault. Go ahead and file the report if you want to so that guy can get a ticket to go along with the cost of fixing his car.

cops can't do anything on private property. She said they likely could not have even cited him for no insurance yesterday unless he drove off while they were there.

Isn't that fucked up?

Spott
04-13-2009, 04:49 PM
cops can't do anything on private property. She said they likely could not have even cited him for no insurance yesterday unless he drove off while they were there.

Isn't that fucked up?

That's funny. I had a gf that did the same thing in the Wal-Greens parking lot. She opened the door while someone was pulling into a parking spot and the guy ran right into her door. The cops showed up, took the insurance info and gave her the ticket.

I think that cop just didn't want to do the paperwork. I'm pretty sure that you have to have a license and insurance to drive no matter where you are driving. There are lots of accidents that happen in parking lots and I doubt that cops are supposed to ignore it just because it's not on the road.

I'd try calling the Highway Patrol and I'd damn sure cancel that check for $615.00(assuming that was for the damage on his car).

Spott
04-13-2009, 05:04 PM
cops can't do anything on private property. Isn't that fucked up?

That cop was bullshitting you. If that were true, I could drive down to Wal-Mart and start ramming my truck into every car in the parking lot driving as fast I can without worrying about any liability.

mikeyis4dcats.
04-13-2009, 05:08 PM
That cop was bullshitting you. If that were true, I could drive down to Wal-Mart and start ramming my truck into every car in the parking lot driving as fast I can without worrying about any liability.

no, this is true, I know that from another accident years ago. In Kansas, private property accidents are assumed to be shared fault, so it is a civil matter between insurance companies to subrogate against who they feel is legally liable. Because of this, the cops won't respond to or take a report of any accident on private property unless it's a hit and run or DUI or injury involved (basically the commision of a crime AND an accident).

Years ago I was t-boned by a guy in a grocery store parking lot. I called the cops, and it don't some demanding to get them to even come, and once there thery would not complete a report. They basically came only to keep the peace and get us to wrap it up and go home. My insurance company eventually won a suit against his and I got my deductible back.

My only recourse is to have the damage covered under my insurance and sue in small claims for my deductible.

ChiefButthurt
04-20-2009, 08:20 PM
Bullshit. Parking lot is private property. Makes a huge difference in the laws.

Pardon my slow response, however we are not talking about traffic laws. We are talking about financial responsibility.

ChiefButthurt
04-20-2009, 08:25 PM
cops can't do anything on private property. She said they likely could not have even cited him for no insurance yesterday unless he drove off while they were there.

Isn't that fucked up?

Cops CAN do something on private property. They can help you get the necessary information that you need to collect on a damage claim, even if you must go to court. They will not cite this individual, but can identify fault. If they won't write an accident report, they can file a personal property loss report. Make them do their job.

BWillie
04-20-2009, 08:59 PM
no, this is true, I know that from another accident years ago. In Kansas, private property accidents are assumed to be shared fault, so it is a civil matter between insurance companies to subrogate against who they feel is legally liable. Because of this, the cops won't respond to or take a report of any accident on private property unless it's a hit and run or DUI or injury involved (basically the commision of a crime AND an accident).

Years ago I was t-boned by a guy in a grocery store parking lot. I called the cops, and it don't some demanding to get them to even come, and once there thery would not complete a report. They basically came only to keep the peace and get us to wrap it up and go home. My insurance company eventually won a suit against his and I got my deductible back.

My only recourse is to have the damage covered under my insurance and sue in small claims for my deductible.

The cop CAN make a report on private property if they want to, at least in most states I've seen. It's possible Kansas has a statute prohibiting police from making a police report on private property in an auto accident, but i HIGHLY doubt it. Most cops and police depts view this as a waste of time.

I've seen fairly thorough investigations done in car accidents in parking lots, but by far and large police simply will not do them, and will refuse to. If the DA isn't going to get involved, the police really don't have a need to make a police report. It's a civil matter for the most part but I think if someone doesn't have insurance and hits your vehicle it really shouldn't matter where the loss took place....at least that is the way I wish it was. If someone was intoxicated and ran into you in the Wal-Mart parking lot they'd sure want to do a report. Police love giving people DUIs. It makes them look good, and it's easy. Kind of like busting people for soliciting.

Hell, in California you pretty much have to be dying for the police to come out and do a report for a car accident even if it occured on the middle of the interstate. As long as your vehicle isn't disabled in the middle of an intersection, they don't do much.

Also, just because a police report says someone is at fault doesn't necessarily mean in a civil court of law there isn't any comparative negligence. We had one of our claims go to court where our insured got a DUI, ran a red light because he spilled his beer, was found to be 100% responsible on the police report and our decision of 75/25 still held up because the claimant had went through 6 lanes of traffic, our insured was not speeding, hit our insured in the rear quarter panel, failed to see the insured until after impact, and there was no visual obstructions making it difficult to see our insured.

Finally, just because a loss occurs in a parking lot doesn't ALWAYS mean it's 50/50. It's just difficult to assign traffic law sometimes in parking lots and you get alot of subjective statements so it's easy to spin situations in parking lots into comparative negligence. Let me assure you, if you are traveling down an aisleway at a reasonable speed, see the other party coming, try to avoid it, and they fail to see you and back into your in the rear portion of the side of your vehicle they are going to be at fault every single time. Doesn't make any difference if it was a parking lot or not.