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Ask Delta-Lawyer Your Own Question
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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Parking lot accident. At first it seemed that I and other party

Customer Question

Parking lot accident. At first it seemed that I and other party were backing up towards each other and collided. Other party was friendly, called police at my insistence (she didn't think we needed to), offered me a seat in her car while we waited (rain). She said she didn't even see me and I hadn't seen her, so we both went along with this "I'm so sorry, I didn't even see you!" thing and I think I might have even said this to the cop. I have never been in an accident and am the type to assume that everything is my fault, especially since I HADN'T seen her. Later, after the thousandth reflection of how I could not have seen her, it dawned on me that I had been looking over my right shoulder with my view broadly over what was behind me. My truck is crumpled just behind my cab near the gas cap door and the other car's taillight shattered. I believe that it is quite obvious that she actually backed into my truck. I have insurance, but only liability on that truck; she has insurance with a different company which contacted me and with whom I have since been playing phone tag. My insurance says they can't do much for me because I don't have collision insurance. Is there any way that her insurance would cover damages to my truck? How would I need to proceed?
Submitted: 5 months ago.
Category: Legal
Expert:  Delta-Lawyer replied 5 months ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of litigation experience. It is a pleasure to assist you today. The answer to you first question is yes, there is a chance that her insurance will cover the damage to your vehicle. The reason is, as you have stated, she back into you, thus the reason you have side damage and she has rear damage to the vehicle. The how you get them to pay is a little more complicated because they are not in the business of desiring to pay these claims. When you do speak with her insurance company, they will ask you to give a recorded statement as to what transpired. Be very clear about what happened and how you feel as though you were backed into (and the supporting rationale why this is the case - as you have explained to me). They will probably ask you who you believe to be at fault. You can kindly and honestly state that you believe she was at fault and once again explain why. You can state that you know it was not intentional and understand the confusion, but the facts clearly illustrate that she backed into you - hence the back of her car impacting the side of your truck. Before you get off of the phone with them, you need to state that you believe it is her responsibility to pay for the damage to your vehicle. Ask them to contact you within the next 48-72 hours with their determination. If they do not do so, you will likely need to call them again and force the issue (squeaky wheel gets the grease). Unfortunately, if they deny liability, you may have to sue them for payment for your damages. A suit of this nature could take a while to go through, but I feel like you would win in the end. (Think 1-2 years to completion). So, yes, they can and should pay and the best method at this juncture is to clearly articulate to them why you feel their insured is at fault here. More times than not, they will issue a payment on a claim like this if you can articulate why they are at fault. Let me know if you have any other questions or comments. Please also rate my answer positively (three or more stars). Best wishes going forward!
Expert:  Delta-Lawyer replied 5 months ago.
Just checking to see if you have any other questions. I want you to be as comfortable as possible moving forward!