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Car Accident Insurance Question

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Old 12-15-2010 | 09:16 PM
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g37brad
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Car Accident Insurance Question

Hi guys,

Still a little "heated" from a car accident that happened a few hours ago. I'm perfectly fine, but the car is definitely not.

I was backing out of a parking spot going slow, making sure nobody was behind me as there were people walking. As I'm putting the car into drive (I'm already in the middle of the marking lot) I see a Dodge RAM Pick up with it's reverse lights on...So I figure she see's me, RIGHT BEHIND HER. I honked...she keeps coming...I honk again...she keeps coming...I honk again, and hold it down and boooooooooooooooooooom she smashes the whole back end of my car. This whole honk/her backing up was a matter of 2-3 seconds. I park my car get out, and my whole back bumper is smashed, my tail light is cracked, and my trunk won't close...

The cops come...I had one witness that worked in one of the shops in the parking lot talk to the cop (not sure what he said) and I told the cop exactly what happened. Lady said her side of the story, and said she didn't hear me honking...or see me?!

Anyways...after 2 hours of just sitting there waiting for the cop to come out of his car, he gives me a sheet of paper showing all her information (insurance, name, etc) and included a ticket for me not having my insurance card on me for $10.00. So now what? It was obviously her fault but he said FLORIDA is a NO FAULT state, and he can't determine who is at fault, but he can file a report, and insurance can decide.

Do I call my insurance for the claim? Or do I call hers? Is calling first thing tomorrow morning ok? How long will it take to fix? How hard is it to get a rental?

I drove home 15 min with my trunk "closed" but it wasn't locked in. Is it safe to drive with the trunk like this on the highway to work tomorrow? How can I keep it shut? Also I could have sworn my car randomly honked, is that possible because of trunk being messed up?

Thanks.
Old 12-15-2010 | 09:27 PM
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Definitely call your insurance company. The cop should have given you a copy of the report. They'll need all the information from the report--which includes her insurance info. They'll also take your account of the situation for the record. Then the two insurance companies will work it out. You should be able to get your G fixed immediately regardless of who the companies agree is at fault.
Old 12-15-2010 | 10:08 PM
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file a claim with your carrier 1st. Then hit the other insurance co for any out of pocket or diminished value in your state,if it allows it. It's gonna be a 50/50 split this way each insurance co is on the hook for same damage in case of personal injury. You would not be ae to collect for that, since blame is evenly dist.,although I suspect it's your that you are not hurt other than your car. Don't worry about it, call your insurance agent before you call some 800#this is what he gets paid for. Glw the repair, sorry for your troubles,people are a55holes.
Old 12-15-2010 | 10:26 PM
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Sorry to hear about that - accidents suck. I've heard a number of stories similar to yours, and generally speaking, backout accidents in parking lots are not considered the fault of either driver.

You should contact your insurance company, and don't worry about the other guy for now. If your insurance company thinks they can go after the other driver's insurance company, you can be sure 100% that they will.

Also, keep in mind that your insurance company does not have your best interests at heart during this process. Their job is to keep as much of your money as possible, so you must INSIST on OEM parts, etc. They will tell you that Florida law doesn't require OEM parts. Tell them that you and your lawyer disagree.

Good luck - it'll be good as new in no time! By the way, I'm in CS as well...people drive like complete idiots in S. Florida.
Old 12-15-2010 | 11:47 PM
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I am guessing there was not a scratch on the Dodge.... Just turn it over to your insurance company, get it fixed right, and pray your rates don't increase by more than 10 or 15% for the next three years. Sorry........obviously the other driver was not paying attention.
Old 12-16-2010 | 12:10 PM
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From: So Cal
It's amazing how much damage can incur in these backup parking lot accidents. One of the two rearend accidents my wife was involved in with our previous G was exactly like yours. She backed out of her slot, was just about to turn her wheels and put it in drive when she suddenly saw backup lights in her mirror. She froze thinking the other vehicle would see her and stop, then bam, the truck smacks into her! The damage looked as if she had been rear-ended at high speed on the highway. The driver's rear light was crushed and quarter panel crumpled, trunk pushed in and crumpled, bumper buckled and rear spoiler ripped off and hanging. The higher bumper of the truck really did a number.

She contacted her insurance company and gave her account. The other guy's insurance company called her for a statement. In the end, even though it was clearly the other guy's fault, it was declared 50/50 for fault.
Old 12-16-2010 | 12:35 PM
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As already stated, contact your insurance company. Ask where you should have your car taken for the appraisal/repair. You should get a rental, don't drive it with the trunk "unlatched".

Go back to the shopping center and get the witness's contact info (which probably isn't stated in the report) so you can have the insurance companies talk to him/her. You don't want to be the at fault party or share responsibility. More than likely she's going to say it's your fault, most people can't accept responsibility for their mistakes.

A woman hit me in a parking lot (a couple years go). She was speeding through the back lot, driving across the empty parking spaces. She swiped right across the nose of my car as I left a "Stop". Didn't see her until she was on me. She told me that she was sorry, that she wasn't paying attention because her kids were screaming about going to Chuck E Cheese's. However, she told the insurance company that she was leaving the "Stop" from the other direction and that I failed to stop as I sped through and hit her.

I hate stupid people.
Old 12-16-2010 | 12:41 PM
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If, heaven forbid, you're ever involved in another accident, after you're sure there are no injuries and the accident isn't a traffic hazard, take pictures before the vehicles involved get moved. Get the other party's insurance info and immediately call your insurance company. Don't wait until you get home. Your insurance company will deal with the other party's insurance company. Don't say anything that would be an admission of fault like "I'm sorry, I didn't see you.", etc. While you may actually be at fault, let your insurance company carry the ball. You never know what the other party will do/claim.
Old 12-16-2010 | 04:33 PM
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Does an accident without a police report but filed through insurance count or show up on the carfax ? I was in one involving no body damage and it was still drivable, up to 40 mph.
Old 12-16-2010 | 09:17 PM
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If you called the police, and a police report was made, it will show under the carfax unfortunately. It happened to me with my G35 coupe I had. And also sprry to hear abou the accident. Good luck with it all.
Old 12-16-2010 | 10:54 PM
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I was also rear ended 3 weeks ago with my new for one week '11 g37x. The other side is at fault, the '99 jeep Cherokee skid on a slightly wet road right into my rear end, while I was sitting at a red light. The police wrote up the report of the situation. I reported to my insurance immediately after I got back to the house and they immediately submitted the claim in their system and scheduled for it to be towed to my suggested dealer/collision center (1 hr away.) The next day the car made its way to the collision center and a few days later my insurance adjuster came out to estimate the damage. Got a call 3 days later and the damages totaled around 6500. I told the collision center to immediately fix the car, they said it would take 3 weeks to fix! ...yeah it has been 2 weeks, 1 more week to wait!

You can definitely file diminishing value claim on their opposite side insurance to collect additional compensation. They should also front any deductible and car rentals.

Good luck!
Old 12-16-2010 | 11:36 PM
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Originally Posted by jetg37s
If you called the police, and a police report was made, it will show under the carfax unfortunately. It happened to me with my G35 coupe I had. And also sprry to hear abou the accident. Good luck with it all.
Or fortunately, for a potential future buyer.
Old 12-17-2010 | 12:45 AM
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does anyone know if California is a no fault state too?

that is just ridiculous that it's considered a 50:50 fault in parking lot stuff like that. sorry to hear your story OP. just shows it's everyone for themselves if ur in a parking lot. does anyone know if camera surveillance makes any difference in the insurance investigation?
Old 12-17-2010 | 07:32 AM
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Unless you have a camera in your car, I doubt you could get a store to turn over a copy from theirs. No one seems to give hoot anymore.
Old 12-17-2010 | 08:15 AM
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Originally Posted by zoner
Unless you have a camera in your car, I doubt you could get a store to turn over a copy from theirs. No one seems to give hoot anymore.
Cell phones with cameras are great. Usually someone around has one, if you don't. Ask them to take pixs and send to you....if there is ever a next time.


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