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-   -   Need an anser a.s.a.p! got hit in a parking lot. (https://www.civicforumz.com/traffic-tickets-accidents-insurance-47/need-anser-s-p-got-hit-parking-lot-148334/)

k_r_a_c_k_e_r 27-Jan-2009 04:20 PM

Need an anser a.s.a.p! got hit in a parking lot.
 
Some guy backed into my Sisters new TSX about 30 mins ago and smashed the bumper/tail light up.

99% sure the guy has no insurance.

he wouldnt give us his info or insurance till we told him were calling the police, and he finally gave up his drivers license, but no insurance info.

he said he would pay for everything in cash if we didnt call the insurance or police.

question is, should we call the insurance and report it?.... just incase this guy wont pay?

Trybal 27-Jan-2009 04:33 PM

I'd make a personal record, date, time, witnesses, take pictures. Write up a document and get lots of signatures. Be prepared to go to court if dude tries to bail out. This process is just to cover your sisters butt.

rjngo 27-Jan-2009 04:54 PM

if the damages reaches $1000 or more...you have to report to the reporting station regardless

thrill_house 27-Jan-2009 05:01 PM


Originally Posted by rjngo (Post 1369490)
if the damages reaches $1000 or more...you have to report to the reporting station regardless

Based on the type of car and the fact that is brand new its pretty safe to assume the repair estimate is going to be over 1000.00 dollars for this assuming it gets repaired by a reputable shop. These days even a small amount of damage on just about any new car is almost always at least $1000.00 or more.

civicEJ1 27-Jan-2009 05:10 PM

when the deer hit my car and all the damage that happened was fender bent crack corner light, smashed windsheild and side mirrior they estimated 2800$ damage

if the guy cant afford insurance i dont think he'll be able to afford the damages to ur car unless hes a body man himself

id play it safe and go through insurance

plus

hula_balu 27-Jan-2009 05:37 PM

report it.. its only sensible thing to do besides, its a new car. the last thing you want to happen is for this guy to run away and not pay.

bbarbulo 27-Jan-2009 06:59 PM

not sure but i think parking lot is 50/50 and unless you have accident forgiveness for the first claim it's likely that insurance will go up. collect cold hard cash (money order or wire transfer)...

DumbasSi 27-Jan-2009 07:05 PM

Id call the cops and tell them he wouldnt give you the info. Your insurance company could probably track him down too.

Buddah 27-Jan-2009 07:31 PM

If I'm not mistaken, if in a parking lot, it's defined as private property. I don't know what the legality of it is but, as far as I know, you are responsible for your own damages. Might want to look into it before making a claim to your insurance company.

DumbasSi 27-Jan-2009 07:40 PM

You are responsible for your own damage regardless. Thats what no-fault insurance is.

d16y8 27-Jan-2009 07:43 PM

I wouldn't call your insurance company yet, but I would definaly get a police report. If he doesn't have insurance lol, then paying you would be the least of his worries.

k_r_a_c_k_e_r 27-Jan-2009 09:18 PM

Thanx guys..

Shes going to report it to the police tomorrow.

FiveO 28-Jan-2009 01:00 AM


Originally Posted by k_r_a_c_k_e_r (Post 1369474)
Some guy backed into my Sisters new TSX about 30 mins ago and smashed the bumper/tail light up.

99% sure the guy has no insurance.

he wouldnt give us his info or insurance till we told him were calling the police, and he finally gave up his drivers license, but no insurance info.

he said he would pay for everything in cash if we didnt call the insurance or police.

question is, should we call the insurance and report it?.... just incase this guy wont pay?


Call your insurance immediately. If your sister's car was parked, the other guy will be deemed 100% at fault. If your sister was driving down a parking lot lane and he backed out of a parking spot into her, he is also deemed 100% at fault.

Your sister's insurance rates should not be affected at all by this one.

FiveO 28-Jan-2009 01:05 AM


Originally Posted by bbarbulo (Post 1369536)
not sure but i think parking lot is 50/50

WRONG.

Fault determination for parking lot accidents is written into law.
You can find it on Ontario's provincial laws web site at Insurance Act - R.R.O. 1990, Reg. 668 Look in section 16.

You can also see it wth pretty colour pictures at http://www.ibc.ca/en/Car_Insurance/d...tion-Rules.pdf

You're gaining nothing but huge risk of getting screwed by giving this guy a free pass on the insurance thing.

bbarbulo 28-Jan-2009 12:59 PM

good to know i guess... if i ever hit a parked car i'll remember to run :D lol j/k

k_r_a_c_k_e_r 28-Jan-2009 02:26 PM

just got an estimate done.. $950 bucks.. gah..

07Ex 28-Jan-2009 02:29 PM


Originally Posted by FiveO (Post 1369633)
You're gaining nothing but huge risk of getting screwed by giving this guy a free pass on the insurance thing.

I totally agree!

k_r_a_c_k_e_r 29-Jan-2009 04:03 PM

so.. heres whats going on..

went to the police station yesterday to make a report.. since the damage is just under 1000, they dont need one..

so I called the guy, told him it was $950 and he had to pay tomorrow.. needless to say, he didnt want to pay till I said if he doesnt pay tomorrow I'm going to report him to the police and insurance.. next words out of his mouth are "so what time do you want to meet??".. lol..

going to meet him tonight, and better get the money..

FiveO 29-Jan-2009 04:11 PM


Originally Posted by k_r_a_c_k_e_r (Post 1370118)
so.. heres whats going on..

went to the police station yesterday to make a report.. since the damage is just under 1000, they dont need one..

so I called the guy, told him it was $950 and he had to pay tomorrow.. needless to say, he didnt want to pay till I said if he doesnt pay tomorrow I'm going to report him to the police and insurance.. next words out of his mouth are "so what time do you want to meet??".. lol..

going to meet him tonight, and better get the money..


So another day's delay. Every delay just makes it easier for him to weasel out completely. If he doesn't have the money tomorrow, you're going to go to the cops. What if the other guy then turns around and claims that your sister ran into him?

Also, what about paying for a rental while the car is being fixed? What if there turns out to be more damage? Your sister should have just gone through insurance. She would be protected that way without any hassle.

You gain nothing by protecting a bad driver, and even less protecting a potentially uninsured driver.

k_r_a_c_k_e_r 29-Jan-2009 04:18 PM

the quote has 3 days of rental car in it..

funny thing is, She just switched insurance companies the day before, and doesnt want to file a claim..

if it comes down to it, the police said She can always call the insurance and get it fixxed..


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