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I have to appeal a surcharge on more than 50% at fault accident..According

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to wtiness it occurred when...
I have to appeal a surcharge on more than 50% at fault accident..According to wtiness it occurred when I was backing my car and scratched a parked car.....My car didnt feel any impact so i dint realize until i got a letter a few days later in mail...i have been driving for 7 years with no incidents...the cost for reparing the other car was $625...is there any way I can appeal for not being at fault >50%? Please advice..
Submitted: 7 years ago.Category: Legal
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2/1/2010
Lawyer: TJ, Esq., Attorney replied 7 years ago
TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12,474
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Yes, you can appeal the judgment if you were sued in small claims court. The problem is that, generally speaking, it's almost always the driver's fault when he hits a stationary object. There are exceptions, of course ... so why do you believe that you are less than 50% at fault? What is your argument? Also, I'm unclear what your b-day has to do with it ... can you elaborate? Are you simply asking if the judge is more apt to rule in your favor if it's your b-day?

Thanks.
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Customer reply replied 7 years ago

I believe I am not more than 50% at fault because there was hardly any impact. Until the other car's insurance company brought it to my notice, I did not know that I was a part of any accident. When my insurance contacted theirs, they were told that there was a woman and kids in the parked car when this happened. So they have witness and the cost of their damages is $625.

 

According to the insurance company, it was not the car right behind me but the one next to it that I am supposed to have hit on my way out. If that car had been parked correctly (not jutting out) then I find it impossible to have hit the car.

 

Can I use this in my appeal that the car could've been parked incorrectly? I have not way of confirming this since I don't know when it occured.

 

I am a careful driver who hasn't even had a traffic ticket in the last 7 years since the time I began driving. Would the judge rule it in my favor for the first-incident?

 

The reason I mentioned my birthday is XXXXX that is the day it happened and yes, I was wondering if the judge might rule it in favor.

 

Your assistance is greatly appreciated.

Lawyer: TJ, Esq., Attorney replied 7 years ago
Unfortunately, your liability has nothing to do with whether or not you're aware of what you've done, or how minor the damage may be. Therefore, the fact that there was hardly any impact is irrelevant. You either hit the car or you didn't hit it ... and if you hit it, then you're responsible for fixing the resulting damage.

I'm also sorry to say that the fact that the other car was parked improperly is also likely irrelevant. A judge would probably rule that it is your responsibility to make certain that your path is clear. In other words, it is generally no excuse to hit something just because you didn't expect it to be there.

Last, the fact that you have a flawless driving record, and the fact that it happened on your b-day are also irrelevant. Those could possibly be helpful factors if you're dealing with a speeding ticket or parking ticket, where it would just be another payment to the city/county. But in this case you're dealing with damage to another person's property. If you did in fact cause the damage, how could a judge possibly tell the victim: "I'm sorry that your car was damaged, but I'm not going to hold the negligent driver liable since it was his b-day and he's never gotten a ticket. You're going to have to pay for the repairs yourself." Surely you'd agree that such a ruling would be an injustice.

I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response. With that in mind, I hope that you found some value in my answer. If so, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

.

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.
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Customer reply replied 7 years ago

Thank you for your response.

 

My insurance has already paid for their damages.

 

I am appealing against increasing my insurance so that it doesn't appear in my records and my insurance doesn't go up.

 

Is it still a lost cause to appeal?

Lawyer: TJ, Esq., Attorney replied 7 years ago
Unfortunately, based solely on what you wrote, it sounds like a lost cause. In order to win, you'd really need to convince a judge that you didn't hit the other car (i.e. that a mistake had been made). I don't think you'd win the appeal based on the factors you mentioned. I wish I had better news.

I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response. With that in mind, I hope that you found some value in my answer. If so, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

.

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.
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