Car aciddent in Walmart parking lot , and the police refused to come out ..?

Question

I had just backed out of my parking spot , and was exiting the parrking lot , when some lady who wasnt paying attention backed righ in to me..She was in the fault ..I'm gonna need a new door for my drivers side..I called the police to come out and make a report and they said they couldnt because wlamart parking lot is considered private property ..I reported it to my insurance company ..I got all the lady's information...Im just waiting on the inusurance adjuster to call me back ...Since there is no police report , whats gonna happen ??? I have a feeling im screwed...

Answer 1

Just because the police didn't come out doesn't mean you shouldn't file a police report at a sub-station near you.  Your insurance company will let you know what your next steps will be for fixing your vehicle. usually it will require you to get 3 repair estimates.

The reason you file a report is so that if this person hits another person and decides to say YOU hit them, you have your proof of the original incident.

Good luck,

Tex

Answer 2

Ok I am not sure what country you are in. You don't sound

English and from what you sayI about being told that Walmart is private property I doubt you are Canadian because here anywhere a vehicle can travel ie parking lots are considered to be public roads so I would guess you are American. Now bear in mind I am talking about Canadian law. If you have backed out and established yourself in the

travel lane and she reversed and hit you on the drivers door I would say she was completely at fault. You have the right of way as you are travelling forward and she is reversing. When you reverse you can only do so if you have ascertained that the movement can be made in safety. Obviously if she hit your drivers door  that was a movement that is NOT safe and she is at fault. I am an insurance adjuster and that is what I would be telling you. Again that is in Canada but I am very sure the law would be the same in the U.S.The only time we would find 50/50 is if you both backed out at the same time and hit bumper to bumper. Our police also would not come to your accident because it was such a minor accident (ie no injuries, cars driveable and no alcohol involved)instead of saying it is a private parking lot. Good luck!

Answer 3

Private property really is only a small part of the story.  A police report is always required if there is an injury, and police absolutely must respond in that case.  Most 2-vehicle parking lot accidents don't involve injuries.   A police report is required if the damage is above a dollar amount written into law, which varies from state to state, or province to province.  Most parking lot accidents fall below that amount.  

Unfortunately, without having several independent witnesses to interview, most adjusters rule parking lot accidents as 50-50.  At least the location of the damage would tend to support your story.  Good luck.

Edit:

I am a licenced insurance broker, driver licence issuer, and driver licence agent.  Canadian law does not state that private parking lots are public roadways, any more than it says shopping malls are public areas.  They are private property to which the public is invited, and from which any member of the public can also be banned.  There is a subtle difference.

The federal government in Canada is also not responsible for traffic laws, it is a provincial responsibility, and many laws are municipal by-laws as well.  Any insurance adjuster in Canada should know that.

Answer 4

Just wait

Answer 5

You don't need a police report, the insurance company will take all kinds of pictures then they will assess the damage, they are pretty good at being able to tell who is at fault through the pictures.  Also police don't provide reports on private property.   It's probably too late now, but any statements from witnesses would be helpful.

I would just wait though and allow your insurance company to handle, that's what you pay them for.