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AttyHeather, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 677
Experience:  15 years law practice experience
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On 12/24, I was driving out of the parking lot where I live

Customer Question

On 12/24, I was driving out of the parking lot where I live and a car backed into my car when I was passing. I contacted his insurance company and they send a appraiser to see my car. He estimated the damage to be $3145.00 - But, he said that the insurance may not accept liability if they deem that their driver was not at fault. Now, what other recourse will I have if don't take of the damages. I will have to $1000 deductible on my insurgence, plus my car will decreased in value because of the accident. It's a 2016 Jeep Grand Cherokee with 2000 miles.
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  AttyHeather replied 8 months ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Expert:  AttyHeather replied 8 months ago.

I'm sorry that happened to you. If the police were called out and if he was given a ticket, then the liability should be squarely on him. Hopefully that is the case.

It can be a little harder if the police were not called out, because usually those incident reports are used to help determine liability.

If worse comes to worse and the insurance company denies you (hope that doesn't happen), then you do have the right to sue the owner of the car along with his insurance company that denied you. Sometimes, after you sue the owner of the car, the car insurance company will pay, because now they are paying their lawyers, who will cost them more than your claim. Plus, the car owner will be ticked off that they have been served with a lawsuit. Does that make sense?

Customer: replied 8 months ago.
the police was called, they could not ticket because it happened on private property.
Expert:  AttyHeather replied 8 months ago.

That seems odd. Many accidents happen on private property - yet tickets are still given. For example, a restaurant parking lot is private property, but tickets are given for fender benders in parking lots all the time. Well, just because a ticket was not issued does not mean the report doesn't say the other driver was at fault.