I had an accident in a parking lot, No accident report because at the time it didnt seem necessary.

Question

Now the other person is saying I need to pay 1000 for a whole new panel. She says it was my fault but we were backing out at the same time...i want to try to do the right thing but my car has damage also.

Am I stuck?

Answer 1

unless she has proof that YOU did it. claim against her.

Answer 2

First, as you have learned the hard way, when involved with another vehicle, always get proof of insurance and contact the police, you never know what someone will come back with later. :(

As for your current situation, if it were me, I'd contact my insurance agent for advice.  That is why they are there, that's part of the commission they receive from your insurance fees.  Explain to him/her what happened, when it happened, why insurance information wasn't exchanged originally (seemed minor under $500 and thought each were going to settle separately) and no report filed.  Hopefully, s/he can help you make an informed decision about how to proceed.

Something to note about parking lots and backing out of spaces, is that when a vehicle is backing up in a parking lot and it is more than 1/2 way out of its space it before another vehicle comes on it, then it is "of the right-away" so if another vehicle runs into it, then it is the second person's fault.  Right-of-way is a hard one to pursue without witnesses - which you lost when you didn't pursue the issue that day.  I truly wish you much luck in solving your problem.

Answer 3

You both are at fault. You pay for your vehicle, she pays for hers.

Answer 4

What state do you live in?

Some states are no fault states, for example PA is a no fault state.  What that means... pretty much, if the vehicles are both drive-able (no cars had to be towed), and no one was injured the police won't even file a police report.  

My advise, call your insurance company and discuss this with your company.  You may want to enter the claim under your insurance and provide them with the other person's insurance info and let your insurance companies handle everything.  

They will do an investigative report and will be able to determine who should be at fault (if anyone is truly at fault.. the insurance companies will be able to tell).

Your agent may not be able to give you a guarantee of who's fault it is because an agent specializes in sales but not claims. That is why there is a separate claims department who researches everything for you.

Best of Luck!

Answer 5

file a police report and contact your insurance agent.  in the future, report everything.

Answer 6

In some states the police won't even right a report because parking lots are considered private property. If both you and the other driver were backing out of parking spaces when you collided, both may be considered at fault. Check the negligence laws of your state to see how fault will be determined by insurance companies. I personally would call her bluff though and file a claim against her since you also have damage to your car.