Just Got Into accident:what to do?

[vaporXXX]

here's how the story unfolds, I was in the costco parking lot coming to the end of a row of parking spaces when i stuck the nose of my car out a bit too much and this other car travelling at higher then parking lots speed drives by. I end up clipping her rear bumper. the result: her car: a 6 to 8 inch long deep sratch on the rear bumper of her 2000 something buick century. My car: a scratched licence plate screw.

Her and a friend jumped out and right away and began shouting, that i should have stopped (they're probably right) although neither one had a stop sign. So right away i admit to nothing as they often tell you. i said hey you should have been watching too it's really non of our faults since we're in a parking lot! she said we can work out a deal that won't involve MY insurance company. In the end i agree to have her get 2 estimates for repairs. at the time it only looked like a couple hundred bucks damage so i figured what the heck it's be an asshole thing to do to stiff her. This morning i got 1 estimate $960 some odd dollars!!! one of the items was the cost of a rental!

What are my options here? I absolutely do not want to have this go through my insurance as a claim, as i heard even them finding out about a collison with no claim = rate hike. If i refuse to pay what are her options?

 

[djk]

Accidents in parking lots by default result in both parties paying 50% each if you go through insurance.

Remind her of that fact and she'll be willing to work out something with you.

Cheers,

-djk

 

[rama putri]

People know if they're in the wrong or not. To feign that you don't know is BS. I suspect you were, so fess up and take responsibility. If it's $900, in good faith, then it's $900. Do the right thing - although in today's world that means nothing - even more so here. Example...

Accidents in parking lots by default result in both parties paying 50% each if you go through insurance.

Is this really true? The poster was at fault by what he wrote, but I can't see this as a wide policy. I could be wrong.

Remind her of that fact and she'll be willing to work out something with you.

Of course owning up to the fault and taking responsibility isn't an option. This is so typical of people in today's society. Way to go - counsel someone to be an a*****e. You're my hero.

 

[kat19]

I had a very similar situation last month. It was no ones fault, just a snowy day in a parking lot. Anyway, I was also told by a cop that since it was a parking lot it would be ruled as no fault and that our own insurance would cover our own damage. I didn't want it to be reported to the insurance because I was told that your rates can and prob will go up even if u don't put a claim in. In the end I offered to pay the whole damage of hers, just so I could keep my record clear. I'm sure you've heard the outrageous things insurance companies are doing, including dropping you or doubling your rates.

My advice would be to remind her that her rates will also go up if she claims it and offer to pay half since it would be ruled no fault anyway.

 

[Keebler Elf]

Any good lawyer will tell you not to fess up to anything; it will only come back to haunt you. Besides, are you really a traffic/legal expert who knows if the fault really was 100% yours? If you take the blame, guess what, even if it wasn't your fault it probably is now. So I wouldn't be so quick to question someone's morals based on this particular situation. Besides, it sounds like the other party was speeding anyways.

I'd offer to split the cost of the damage. If the liability in public parking lots truly is 50/50, then it may come down to who fears an insurance hike more.

 

[MuffinMuncher]

If it really was mostly your fault, you should do the right thing and pay for the damage. However, if you think that the estimate is too high, tell her that you want to see the itemized breakdown and get an estimate of your own to make sure that everything is kosher.

As a default, you can always fall back on the "i really think we should just let our insurance companies work this out"....

 

[stang]

Pay half.

 

[rama putri]

Any good lawyer will tell you not to fess up to anything.

This is truly sad.

 

[einar]

You haven't told us the other repair quote. Nine hundred sixty dollars doesn't sound surprising these days, although it's a lot of money. You could offer to pay the quote without the cost of a rental car. Or you could present two quotes for your own scratched screw, and suggest you'll pay half of the sum of the two car repairs.

Keep insurance out of it, if possible.

 

[buckloner]

Actually...

the term 'no-fault' is a misnomer. Someone is always at fault, even on private property. It is just that the police will not get involved. The person pulling into the lane of traffic is 100% at-fault, regardless of the speed of the other driver .
As an insurance broker (don't shoot the messenger) if you can get out of it for $900 including rental, you're doing well.
Just get the other driver to sign a letter stating the amount and that they will not come after you for more (Proof of Loss form, don't know if you can get them at Grand & Toy).
Sucks, but that is reality.

 

[antaeus]

How can Ontario drivers be so ignorant????

No fault insurance is a misnomer, fault is always apportioned according to insurance industry standard assessment guidelines. Your insurance company always pays your damages, her insurance company always pays her damages. Based on severity of accident and amount of dollar claim, insurance companies seek recompense from each other based on their payouts and fault %age assessment. Your rates will be affected according to your %age of fault assessed by your insurance company. Default assessment guideline says accidents on provate property (shopping mall parking lot) are split evenly between drivers mainly because Highway Traffic Act does not apply to private property therefore insurance company has to spend too much time making assessment based on interpretation of descriptions by drivers. No black and white HTA right-of-way description to interpret drivers words is too difficult and prone to grey-area misinterpretation and fraud thru arranged accidents. Therefore, accident on private property, insurance company says we don't care about circumstances, you're evenly guilty. The only exception is if criminal activity is involved such as stolen vehicle, no licence, intoxicated.

You can get away with being an asshole and telling her you ain't paying. She will have to file a claim and probably legal proceedings because of time delay, private property, seeming lack of accident report (did you guys go to accident reporting center?). In other words, screw her, odds are totally against her getting anything out of you, ever.

However, be a nice guy, explain HTA and insurance interpretation rules and offer to pay half and start keeping records of convo's.

 

[buckloner]

Actually, she CAN screw you.
The no-fault part of insurance is that your Company pays for your damage, her Company pays for hers. But Fault IS assigned and you are 100% at fault.
Insurance Companies no longer go after each other for damages, each one pays their own client. In the event of Serious injury you can get a lawyer and sue the other driver, but not in cases of physical damage to the car only.
Once she reports it to her Company, they will contact you/your Insurer and YOU are screwed, cause you're at fault.

 

[Kassidy]

Just a little info I found out a very long itme ago:

If she has to get her car repainted, believe it or not it CAN cost that much. Especially if her car has a paint colour whose base is red. Apparently red is the most expensive of auto body paints. I learned this while working in a coffee shop with an auto body repair shop up the street. My BF at the time, got in a minor fender bender, which both people decided not to report as there was minimal damage. Our car needed a new paint job, so I decided to ask my friends from the body shop how much it would run us. They were willing to do it, labour free and it was still going to be almost 600 bucks.

*kisses*
Kassie

 

[Hard Idle]

Avoid insurance at all cost

However, settling up is also in her interest, so don't be bullied too easily into paying for rentals and such. You can fuck them up too by claiming they pulled out of nowhere and tried to race you to a spot or a lane, the case is not black and white, especially if you are willing to be a prick and stretch the truth like everybody else.

With the way manufacturers, shops and insurers have driven up the cost of parts, no price surprises me these days. $960 is in the ballpark, but she could easily get it done for half of that with one of those cash-only Russian or Jamaican outfits around Finch & Dufferin. I'd offer $600 & inch my way up.

 

[flyingdgn]

$960 is not an unreasonable amount to have the job done correctly. Unfortunately, the rental amount is usually included. If they went through the insurance company, they would have covered the rental. If you are not sure if this amount is correct, go to the body shop yourself and have them look at the car and do another estimate while you are there.

It sounds like she had the right of way. I got into a similar accident and when I went to the accident reporting centre, they told me that an accident like this is considered my fault.

DON'T GO THROUGH THE INSURANCE COMPANY. You will end up paying more for your premiums than your claims. Yes each company pays for their own claims, but the person at fault will have higher premiums to pay later. If you keep having accidents that are not your fault, your insurance will go up as well.

I hope everything turns out well for you.

 

[vaporXXX]

well today the second estimate came in at $573 it is considerably less then the 900 some odd dollars but something in my mind tells me i should hold out on the cost of a rental car i mean the car was MORE then drivable since there was only a deep scratch on the right side of the rear bumper. on the invoice i see a charge of $35 X 2 for 2 days rental. why would she get a 2 day rental to get an estimate. i feel like i'm getting hosed here.

in my mind i had it set that if it was 500 or less i'd just pay it and walk away to not involve insurance issues since it was my fault (although i have admitted to nothing)

 

[Rivera]

well today the second estimate came in at $573 it is considerably less then the 900 some odd dollars but something in my mind tells me i should hold out on the cost of a rental car i mean the car was MORE then drivable since there was only a deep scratch on the right side of the rear bumper. on the invoice i see a charge of $35 X 2 for 2 days rental. why would she get a 2 day rental to get an estimate. i feel like i'm getting hosed here.

in my mind i had it set that if it was 500 or less i'd just pay it and walk away to not involve insurance issues since it was my fault (although i have admitted to nothing)

Perhaps the two day rental is to cover the time that the car is in being repaired. I was just involved in a fender-bender (where oddly, my licence plate screw was also the culprit) and the damages to repaint the bumper on the other person's car were about what you are being asked to pay. I'm also footing a rental for two days while the car is in the shop. If that is the case for you, it is just and fair. Like has been said above, keep the insurance company out of it. It could mean being bumped from a six star to two star rating...and a significant premium increase.

 

[a 1 player]

A word of caution. Occasionally some people are less than honest .

A similar situation happened to me a couple of years back where there was only minimal damage done to the car. A few scratches and such. About 2 weeks later I got a letter saying I was being sued as a restult of the injuries sustained. 3 people in the car were claiming whiplash and they had to forego their family trip to europe. The first question from both my lawyer and my insurance company was "Did you notify the police?" I didn't feel I had to because the damage was only a few hundred dollars and the occupants of the car said they were all ok. When I did call the police I was raked over the coals.

When I was later shown the pictures of the damage to the car I could not believe my eyes. They had been in another accident and nearly wrote off the car, and claimed it was MY ACCIDENT.

To make a long story short, $32,000 pay out from the insurance company, and premiums that could pay for a small mortgage.

Bastards.

 

[ham2004]

This is why I pay insurance

Ok, so if you tried being mr. nice guy, and still feel like you are being hosed, than you need to think the following:

1. If you claim through your insurance, are you finished with it except to pay the increased costs each year ?

2. The other driver will also be paying higher rates. Parking Lot accidents are decided on a 50/50 split.

3. If she is entitled to "loss of use" on her insurance than you should pay for the rentals.

4. Where is it written that your rates will go up. If this is your first accident, no injuries, and the bill isn't large, than the forgiveness factor on your policy should kick in.


just my own 2 cents today.

 

[flyingdgn]

Insurance companies are not allowed to increase premiums on your first accident that is not your fault.

HOWEVER, they increased my premium by removing a "no claims discount" That unfortunately is allowed.

In a parking lot, the person in reverse or person going in or out of the parking space is at fault. Neither of these apply to this dude's situation. Not all accidents in the parking lot are a 50/50 fault claim.