Home and Auto Who's at fault? - Page 2

**mikeyis4dcats.** · 04:41 PM

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?

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

Quote:

Originally Posted by patteeu

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

Quote:

Originally Posted by BWillie007

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

Quote:

Originally Posted by CatLuvinChief

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 fuck 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 motherfucker, tell me exactly what happened.

**mikeyis4dcats.** · 04-13-2009, 04:40 PM

well, I got ****ed. 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

Quote:

Originally Posted by Spott

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 ****ed up?

Spott · 04-13-2009, 04:49 PM

Quote:

Originally Posted by mikeyis4dcats.

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 ****ed 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

Quote:

Originally Posted by mikeyis4dcats.

cops can't do anything on private property. Isn't that ****ed 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

Quote:

Originally Posted by Spott

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.

Chief Pote · 04-20-2009, 08:20 PM

Quote:

Originally Posted by Scorp

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.

04-13-2009, 09:32 AM
mikeyis4dcats. Scarlett Johansson's boytoy Join Date: Nov 2006 Casino cash: $9555998	Who's at fault? update - mikey gets f%$ked, and not in a good way 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? Last edited by mikeyis4dcats.; 04-13-2009 at 04:41 PM..
Posts: 12,526

04-13-2009, 11:42 AM	#16
diehardchief4life Rookie Join Date: Sep 2007 Location: Liberty Casino cash: $10004900	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.
Posts: 10

04-13-2009, 11:47 AM	#18
RJ Supporter Join Date: Oct 2000 Location: In a shotgun shack Casino cash: $9965202	Shit happens. Get the insurance info, let them sort it out.
Posts: 14,931

04-13-2009, 11:53 AM	#19
BigRichard Buddy Christ is a Chiefs fan Join Date: Nov 2008 Casino cash: $1739546	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. __________________ "You know, they lay down with their ugly wives in front of their ugly children and just look at their loser lives and then they look at me and say, "I CAN'T PROCESS IT!" Well, no, and you never will. Stop trying. Just sit back and enjoy the show .... You know?" Carlos Irwin Estevez
Posts: 10,425

04-13-2009, 11:56 AM	#20
Iowanian Supporter Join Date: Aug 2000 Location: Utopia Casino cash: $4688454	I'd blame the white man. The truth is, it'll end up being the fault of the guy with the worse attorney.
Posts: 61,548

04-13-2009, 12:18 PM	#22
CoMoChief Mahomes Dynasty Join Date: Mar 2005 Location: Parts Unknown Casino cash: $8042254	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.
Posts: 39,163

04-13-2009, 04:40 PM	#24
mikeyis4dcats. Scarlett Johansson's boytoy Join Date: Nov 2006 Casino cash: $9555998	well, I got ****ed. 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.
Posts: 12,526

04-13-2009, 04:43 PM	#25
Spott Court Jester Join Date: Aug 2000 Location: Orlando Casino cash: $2932400	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.
Posts: 19,734