My G coupe got backed into. Other driver not admitting fault. Need advice.
12-10-2011, 10:26 PM
#17
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Where was this? A lot of the bigger stores (target, walmart), malls, etc. have security cameras in the parking lots. If it does, see if you can get your insurance to request a copy of the tape.
12-11-2011, 01:26 AM
#18
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I had an incident a few years ago in a parking lot and saw a guy in a truck next to my 350Z let his 5 year old kid open the door and smack a dent in my door. I had just walked up behind them and saw it happen. The guy rushed to to get in his truck without even looking at me while I was checking out the damage on my car. I knocked on his window and he ignored me, knocked again and he ignored me again...then I knocked really hard and told him to open his window. He yelled back "we didn't did it"...I hadn't even said anything to him about what his kid did.
Then he backed up and tried to drive off...I quickly grabbed a pen from my car and ran across the lanes in the parking lot and wrote down his license plate. He evidently saw me do this and turned around, came back, rolled his window down and again said "we didn't do it". I yelled at him that I hadn't even told him what he had done. He drove off...
I went to the local PD station and told an officer what had happened. They contacted him and made him give up his insurance info. I called his insurance agent and the sent someone out to my house to take pictures and paint samples that were left on my door. That guy then told me he would check out the other vehicle to compare.
Three days later his insurance called me and said yes it was his fault even though he kept denying it to them.
I got some estimates and sent them in and had a check from them within 2 weeks.
Although the D-Bag that hit your car told his insurance it was your fault, I think once it's investigated they will determine it was the other guy's fault. Insurance companies don't like when their own client lies to them about the accident either. They want to know the truth about the situation too, since they might have to deal with it in court.
Then he backed up and tried to drive off...I quickly grabbed a pen from my car and ran across the lanes in the parking lot and wrote down his license plate. He evidently saw me do this and turned around, came back, rolled his window down and again said "we didn't do it". I yelled at him that I hadn't even told him what he had done. He drove off...
I went to the local PD station and told an officer what had happened. They contacted him and made him give up his insurance info. I called his insurance agent and the sent someone out to my house to take pictures and paint samples that were left on my door. That guy then told me he would check out the other vehicle to compare.
Three days later his insurance called me and said yes it was his fault even though he kept denying it to them.
I got some estimates and sent them in and had a check from them within 2 weeks.
Although the D-Bag that hit your car told his insurance it was your fault, I think once it's investigated they will determine it was the other guy's fault. Insurance companies don't like when their own client lies to them about the accident either. They want to know the truth about the situation too, since they might have to deal with it in court.
Last edited by tejasg37x; 12-11-2011 at 01:38 AM.
12-12-2011, 08:07 AM
#20
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Sorry man same thing happened to me years ago, Just got my car out of the shop full body kit and new paint.. I was sitting waiting for a parking space when the guy in front of me with no reverse lights. Back on the hood of my car, I was beeping but he just drove up on my hood. Got out was like "SORRY SO SORRY, Didnt see you". Gave me his INS info and then left the country for 29 days- Came back on the 29th day and said I rearended him?? I had to pay my deduct and my INS had to fix me car. :/. ..
But your case there are ZERO scrap marks on your car which shows you where not moving when he hit you.. Unless yor where drifting ,,LOL
But your case there are ZERO scrap marks on your car which shows you where not moving when he hit you.. Unless yor where drifting ,,LOL
12-12-2011, 09:49 AM
#21
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It's parking lot related. Police will come, make sure everyone's ok, then leave. No report, no tickets.. Strange law in CA.
12-12-2011, 10:31 PM
#23
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You need to demand compensation for "diminished value"
I've done it before and won with ease. Just pay one of the online places like $100 for them to run a report for you. Basically they compare the selling prices of like vehicles with and without damage. The difference in those selling prices is the depreciation caused by the accident. You can probably recover about $2k if you get the report and send a demand letter to his insurance (which they can also supply you with).
His insurance will pretend like diminished value never gets paid, but that is a complete lie.
My best friend got something like $20k in diminished value when his brand new M3 got hit.
You now owe me $20 for the sage advice
I've done it before and won with ease. Just pay one of the online places like $100 for them to run a report for you. Basically they compare the selling prices of like vehicles with and without damage. The difference in those selling prices is the depreciation caused by the accident. You can probably recover about $2k if you get the report and send a demand letter to his insurance (which they can also supply you with).
His insurance will pretend like diminished value never gets paid, but that is a complete lie.
My best friend got something like $20k in diminished value when his brand new M3 got hit.
You now owe me $20 for the sage advice
12-13-2011, 10:48 AM
#24
insurance fraud is a serious crime. you need to press your insurance company harder. ask them to obtain any security video footage. ask them to request an adjuster to come out and take photo's and have his take on the damage.
the more you ask, the more trustworthy you become.
i would also call your local police dept and ask to speak to the desk sergeant. seek his/her advice regarding insurance fraud. tell them you were involved in a minor accident and that you know he is now committing insurance fraud. they might not be interested in the actual accident itself, but the insurance fraud might spark some interest- TELL THEM YOU ARE WILLING TO TESTIFY ON BEHALF OF THE STATE.
the more you ask, the more trustworthy you become.
i would also call your local police dept and ask to speak to the desk sergeant. seek his/her advice regarding insurance fraud. tell them you were involved in a minor accident and that you know he is now committing insurance fraud. they might not be interested in the actual accident itself, but the insurance fraud might spark some interest- TELL THEM YOU ARE WILLING TO TESTIFY ON BEHALF OF THE STATE.
12-13-2011, 04:13 PM
#25
This will be resolved via inter-company arbitration and you may or may not be out your deductible. It's not worth litigating over but Allstate is one of the most difficult insurers to deal with (at least in Ohio).
You could ask you insurance to see if there is any parking lot video cameras but most property damage adjusters will be able to figure out how the damage occurred pretty quickly.
You could ask you insurance to see if there is any parking lot video cameras but most property damage adjusters will be able to figure out how the damage occurred pretty quickly.
Take it to small claims if your out a dime.
Had same thing happen when I had a g35 sedan,insured lied.
They tried to get me to accept half since I had no police report.
It was $1800 I'm damage. They tried to offer $900.
Took insured to court since he was lying,got the $1800 to fix the car.
ALWAYS GET A POLICE REPORT, it makes it easier.
Glw getting it sorted out,if he's at fault go for the juggular.
12-13-2011, 04:34 PM
#26
This will get figured out quickly just get the info to your agent and let them battle. After an incident with my daughter a few years back I learn just to go straight to your own agent and let them handle it. Thats what you pay them for. You will give your side and they will give theirs and your car will get fixed a lot faster. Even though the other comapny said their client was not in the wrong my agent got them to pay the deductable etc. I just wish I had done it that way first it would have saved us a lot of time.
12-13-2011, 11:55 PM
#27
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Ok, I used to be an adjuster for progressive. You have a couple options...You can try to go through allstate. They have not seen your car yet. If they see your car and where your damage is located there is a possibility they will make him liable for the damage. If they try to put you at fault in any way, you should go through your own collision coverage, pay your ded and let the insurance companies battle it out. If you win eventually you will get your deductable back.
12-14-2011, 12:21 AM
#28
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For now I will be filing with my own insurance company and paying my deductible. And then wait for the arbitration process to go through and see if I can get my $500 deductible back. Regardless of what happens, I plan on writing a demand letter to the other driver for the amount owed to me for having to rent a replacement vehicle while my car is undergoing repairs. This expense is not covered because he denied liability to his insurance company.
If the arbitration does not end up in my favor, I will also take him to small claims court for my deductible (in addition to replacement car rental costs).
If his insurance company is already denying liability, how am I to file a diminished value claim against them? Do I wait until after the arbitration is done? Or do I include the diminished value claim in my demand toward the driver directly? All of this would be much simpler if he had simply told the truth.
If the arbitration does not end up in my favor, I will also take him to small claims court for my deductible (in addition to replacement car rental costs).
If his insurance company is already denying liability, how am I to file a diminished value claim against them? Do I wait until after the arbitration is done? Or do I include the diminished value claim in my demand toward the driver directly? All of this would be much simpler if he had simply told the truth.
12-14-2011, 12:27 AM
#29
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For now I will be filing with my own insurance company and paying my deductible. And then wait for the arbitration process to go through and see if I can get my $500 deductible back. Regardless of what happens, I plan on writing a demand letter to the other driver for the amount owed to me for having to rent a replacement vehicle while my car is undergoing repairs. This expense is not covered because he denied liability to his insurance company.
If the arbitration does not end up in my favor, I will also take him to small claims court for my deductible (in addition to replacement car rental costs).
If his insurance company is already denying liability, how am I to file a diminished value claim against them? Do I wait until after the arbitration is done? Or do I include the diminished value claim in my demand toward the driver directly? All of this would be much simpler if he had simply told the truth.
If the arbitration does not end up in my favor, I will also take him to small claims court for my deductible (in addition to replacement car rental costs).
If his insurance company is already denying liability, how am I to file a diminished value claim against them? Do I wait until after the arbitration is done? Or do I include the diminished value claim in my demand toward the driver directly? All of this would be much simpler if he had simply told the truth.
12-14-2011, 12:35 AM
#30
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The problem is right now Allstate is not admitting fault. If they did, they would of course be covering my rental costs in addition to repair costs. Geico says they will try to get my deductible back through subrogation (of course, in addition to the costs footed by Geico themselves). Do I submit these additional expenses, such as rental costs, as subrogation begins? That would be good, since its looking like rentals are going to be running me at least $250/week for the duration of repairs.