Parking Lot Incident

overman · 05-15-2006, 06:02 PM

Hi Pelicans... Need advice...

On Friday 05 May my daughter was involved in a parking lot incident at her High School. She was leaving the parking area driving straight down the driveway and was t-boned by another student backing out of his parking space... Her Land Rover Discovery sustained $4,000 +- in damages. Called the local police, he filed his report... the report states in the comments the driver failed to see her... drawings of the cars involved showing their respective positions all clearly indicate who was at fault.

No problem, called his insurance company, Horace Mann, reported the incident... Mr. Overman, we'll investigate and get back to you asap. On Friday 12 May, Horace Mann calls and reports their insured states my daughter was at fault, not their client, there for I must turn the claim over to my insurance company... sorry.

So, do I turn this over to my insurance company or get a lawyer?

legion · 05-15-2006, 06:13 PM

Turn it over to your insurance. They will pay for a lawyer, if necessary. This is just a hardball tactic by a small insurance company to not pay or reduce a claim. Any idiot knows you can't hit someone in the side while backing and not be at fault. If they are dealing with you, they will try to jerk you around, if they are dealing with another insurer, they may get down to business. My experience with small insurers is that they will play games. They know the lawyers with dollar signs in their eyes will only go after the big boys...

slodave · slodave's Garage

Don't turn it over to your insurance yet, but either call your agent and talk to him, see what he says. You can also call your insurance co. and ask them about it without giving your info. Do you have any lawyer friends? If so, ask them their advise. Seems like the guy that backed into your daughters car was at fault.

Dave

Tervuren · Tervuren's Garage

Get your insurance company the police reports, or a copy, and they can probably deal with it.

I had the one thattoaled my '85 came up listed as at fault for me to insurance, got them a finanical responsibility report, and it was corrected.

MisterB · 05-15-2006, 06:22 PM

I was in an accident where this tactic was used. Get a copy of the police report. If the report shows the driver who is backing out at fault they have no case. They are trying to wear you down and make your life miserable so that you file a claim with your insurance company for damages.

legion · 05-15-2006, 06:24 PM

Unless you have a shady insurer yourself, you shouldn't be charged for accidents where you are not at-fault.

overman · 05-15-2006, 06:56 PM

Thanks guy's... your comments are helpful. I'm leaning toward turning this over to my insurance company, they are aware of my problem... However, was waiting on the other company to come clean... Obviously this isn't going to happen when their client isn't being untruthful. There position... my daughter was speeding... ya da da. Totally wrong. And the parents of this kid initiated this position... and we wonder why are kids are the way they are... go figure.

legion · 05-15-2006, 07:08 PM

You will probably have to pay your collision deductible to get reimbursed, but that will also trigger your insurer to go after the other insurer. They will subrogate, and possibly go to court (highly unlikely). You will eventually get your money given that the police report seems clear.

I had a similar situation when a tow truck hit my parked car several years ago. The towing company handed the police a fake insurance card. It took a long time to even figure out who their insurer was....and then they claimed that I backed my car into the tow truck (despite the tow truck driver's statement on the police report stating the car was parked and empty). It was about a three-month process, and I occassionally had to goad my insurer into action to get my money back.

Steve Carlton · 05-15-2006, 07:22 PM

It sounds like the other party's insurance is simply taking the word of their insured, and the correct thing to do is have your insurance company deal with it. Their suggestion doesn't mean the insurance company is trying to weasel out of anything; this is the process when there's a dispute to fault. I could imagine if your daughter was driving too fast, it could have contributed to the accident (unless the police report says otherwise).

overman · 05-15-2006, 07:23 PM

Thanks legion... all I want is to fix the car.

Dantilla · 05-15-2006, 07:35 PM

I was hit a few years ago, and was getting the run around.

I asked an attorney friend what I was doing wrong, and he asked if he could call them.

About an hour later, the slimy insurance guy called asking what the total bill was, because he wanted to send the check immediately.

I think that once they knew a lawyer was involved, they couldn't wear me down, and wanted to close the case ASAP.

Neilk · 05-15-2006, 07:44 PM

Not sure how old your Discovery is, but since your daughter isn't at fault, make sure to ask for Diminished Value.

TerryH · TerryH's Garage

Just tell their insurance company that your daughter has not felt well since the accident and she may need to be hospitalized for stress.

Hey if they can lie, throw it back at them. How can anyone moving in reverse have the right of way?