thedirty

okay here it goes again man! another dumb girl tryna out it with me. i was reversin outta a parking lot, i was ready to turn and make my car straight to head out. and all of a sudden this beemer is backin into me! i tried to honk her but it was too late. it was clearly her fault because she hit me in the gas tank part while her car is just the rear end bumper. so sayin i was already out and she wasnt lookin. her friends heard me honk, so clearly i saw her. she claims we both got out the same time and met in the middle. i ask her if it took long to hit me... said it wasnt, clearly stating i was already out my slot and she was just startin to back up. got the cops in. cops look at the damage. say they cant say who is at fault because its a private parkin lot, but notin if it was government parkin lot, she was in violation. hes gonna write on the police report that i saw her back into me, and she didnt see my car. should i worry about him fighting this, is there a chance i might get screwed about this ****? OH YEAH!!! my gastank doesnt wanna open, can i do anything to the damage in order for me to put in gas? should i take pictures before i try to open my gaslatch? my grilfriend and i even waited for them to hit us, movin away was too late man. plus mine BIGASS DENT, hers a scratch. IM NOT AT FAULT RIGHT GUYS?

SiR-Racer

it's probably her fault but i dont think it matters. if you go thru insurance then it's 50/50 fault on private property no matter what. the only way is if you can get her to pay out of her pocket.

thedirty

50/50??? for real? no way.. i shouldnt be payin for **** why would it be 50/50... shouldnt it be only 50/50 if they can prove it was both our fault? but since i got hit on the side and she hit me with her bumper doesnt it show that its her fault and not mine?

thedirty

if thats the case... is there a way i can make her pay from her own pocket and not the insurance?

imported_Joker

nope now its no fault insurance so if its private its 50/50 even if she hit u purposely

thedirty

BUT NO WAY MAN... http://www.fsco.gov.on.ca/reg668/reg668d.htm#Rules%20for%20Automobiles%20in%20Parki ng%20Lots ...
i was auto B meaning i was completely out of my parking slot, about to turn to head out, then she rammed into me.

Insuranceman

PLease don't post if yo have not clue what your taking about ....when someone is reversing they are always held at fault - IT DOES NOT MATTER IF IT IS ON PRIVATE PROPERTY ...... Why do people always say this??? IF you can prove she was backing up at the time of the accident then she would be held at fault ..... PM if you want more details on how to go about this .... The damage to your car proves your case ..... She (i assume) has rear bumper damage?? She will be held at fault, I just hope you have her insurance information

thedirty

ALRIGHT THANKS INSURANCEMAN! see i knew it, i thought i would be stiffed by this! she has rear bumper damage and i have right side bumper damage. the police report would have it drawn. she is actually a friend i know. but too good of a friend just someone i know. do i need more than what the police writes to convince them? should i go to my insurance and ask about this or go straight to their insurance and claim it?

cikvic

yes...but if she goes to her insurance co.. she will say that you reversed into her veh...and you will also do the same thing....now under Fault determiantion rule 4 (i believe..i have the list at work) if there is 1 rule that hold you 100%NOT AT FAULT and 1 rule that holds you 100% AT FAULT...the insurance co's will proceed 50/50....now this really sucks 'cause on your renewal your insurance will go up just as much as if you were 100% AF...you would only be responsible for 50% of your ded.....I SEE THIS HAPPEN ALL THE TIME!!...HAVING AN ACCIDENT IN A PARKING LOT IS NEVER A GOOD SITUATION...nothing you can do....unless she confeses...Her insurance co. will be on her side...they will not accept more fault then they have to!!. Now..if you bitch enough to your insurance co...maybee speak with all the manager they have and even the ombudsman..they may choose to let you off and go under DCPD( direct compensation property damage)..i've seen this happen with my clients!! they will sometimes do this for people who have good records and people who they want to keep insured....if you have a bad record though..you can forget about it!!

Insuranceman

Good advice Eric....Listen to the above, he is correct .....

thedirty

ive looked thru that fault determination act. nothin in there says it would be my fault. see if we were both backin up.. it woulda been bumper to bumper. but since i was out and ready to turn and leave. she hit me on the side. doesnt that mean i was in a "feeder lane" and she is just backing up. PLUS she said to the police guy that she didnt see me. I told the police guy i saw her, i even honked for gods sake. and her passenger can claim for that cause he said he heard me. plus they all agreed that it did not take long from the time they started backin up to hit me. showing i was out already and she was just about to head out.


Rules for Automobiles in Parking Lots

16. (1) This section applies with respect to incidents in parking lots.
(2) The degree of fault of a driver involved in an incident on a thoroughfare shall be determined in accordance with this Regulation as if the thoroughfare were a road.
(3) If automobile "A" is leaving a feeder lane and fails to yield the right of way to automobile "B" on a thoroughfare, the driver of automobile "A" is 100 per cent at fault and the driver of automobile "B" is not at fault for the incident.
(4) If automobile "A" is leaving a parking space and fails to yield the right of way to automobile "B" on a feeder lane or a thoroughfare, the driver of automobile "A" is 100 per cent at fault and the driver of automobile "B" is not at fault for the incident.
(5) In this section,
"feeder lane" means a road in a parking lot other than a thoroughfare;
"thoroughfare" means a main road for passage into, through or out of a parking lot.


19. The driver of automobile "A" is 100 per cent at fault and the driver of automobile "B" is not at fault for an incident that occurs,
(a) when automobile "A" is backing up;
(b) when automobile "A" is making a U-turn; or
(c) when the driver of, or a passenger in, automobile "A" opens the automobile door or leaves the door open.

thedirty

my car hasnt gotten into any accidents. just one minor one and then this. that doesnt constitute a bad record right?

Insuranceman

No, your ok, just PM'd you some details .... you should be fine ...

thedirty

thanks guys.

cikvic

yes..but like i said...FDR rule 4....states that if there is 1 rule that holds you AF...(rule 19-a) and 1 rule that hold you NAF (rule 19-a) ...they will proceed 50/50 ...they wil consider this CONFLICTING STORIES!!.....i hate to tell ya' this but you're most likely gonna be **** outta luck!!!....your insurance co. is not gonna spen the hundreds of dollars to do an accident reconstuction to figure out exactly what happened....simple..they will call the other adjustor..if there is conflicting stories.."boom"..50/50...us adjustors have about 200 claims each to handle..we dont have the time....simple as that!

thedirty

nah but her story was like she didnt see me. she wasnt sure where i was. but i was sure i was out and she hit me.

Insuranceman

The above is true, but the damage to both vehicles proves he is not at fault ....... You can have conflicting stories and still hold your client 0% at fault ..... I've done it in the past, especially when the damage proves otherwise ....Like I said, just be as helpful as possible to your adjuster, and hopefully they will be able to help you out ....

eric, what company do you work for ???

cikvic

the personal/certas..you?

thedirty

okay. so the police report would show where the damages are. that would show she was at fault right.

thedirty

oh yeah.. dude my gas tank wont open. i should take pictures first and try to fix it or just not drive thecar?