HELP needed in insurance situation!!!

[Minnie_me]

I don't even know where to start. I'm shaking, I'm so upset.

Way back in July, a guy backed into us in an Applebee's parking lot. He just slammed right into us, causing more damage to his Honda Accord than to my Mariner, but we did have some damage. It had been a terrible week for us (just returned from a nightmare vacation, and we had just gone to the doctor with my DD), and I was so rattled by this mis-hap that I think I totally mishandled it.

The guy was in his 60s, and he told me that he hadn't even looked when he backed out, these things happen, blah, blah, blah. He was so calm and nice. I asked what we should do. He told me that we would just exchange insurance info and our own insurance companies would take care of it.

Well, we don't have the money right now to take care of anything, and the damage wasn't that bad, so we decided to let it go rather than pay our deductible.

Today I got a letter in the mail from the guy's insurance company saying that we need to pay him over $1200! It says that our insurance doesn't cover it.

Why would that be?

I have to admit that I am really ignorant in insurance matters -- DH pays the bills and takes care of all that stuff. Right now DH is in a golf tournament so I can't call him and ask him what the hell we're supposed to do!!!

I guess I should have called the police at the time, since the guy admitted it was his fault for not looking while he backed up. Is it too late? Am I totally screwed?

 

[Rafiki Rafiki Rafiki]

Sadly, I think you should have called the local police to file a report...even though they don't come out in these situations.

You need to get on the phone with your insurance company ASAP to see if they will intervene for you.

 

[tonilea]

Call your insurance company and ask them what to do. There is NO WAY in heck I would pay.

 

[kerrynic78]

I used to work in auto claims and this would happen to our insureds. The best thing to do as people have stated is to call your insurance company asap and let them fight this out with the other insurance company. That's what you pay them for! Good luck!

 

[swanmom]

I am so sorry that this happened to you! My DSis works for an insurance agency and she says that you MUST always call the police from the scene of any accident - no matter how minor. She has nightmare stories daily from her clients about the seemingly nice people, who agree that they are at fault and will "take care" of the damages, and then later deny any respponsbility and tell a completely different story. She has seen so many people who were literally victimized because the other driver suckered her clients into thinking they "don't need to get the police involved." She says NEVER accept someone's word that they agree that they are at fault unless they say it directly to a cop! (She jokes that she has seen so many cases like this that, if her DH hit her in her own driveway, she'd call the police.) As the othr posters suggested, contact your own insurance agency asap. Tell them what happened. They are much better qualified to deal with this situation than you are. (And, I'm sure, have seen it before.) Good luck!

 

[mfd25wife]

Definitely call your insurance company. My DD and another teen backed into each to each other in a parking lot. The police did come, but since it is a parking lot, they can only write up a report. Anyway, State Farm says that a parking lot accident is almost always at worst 50/50. State Farm paid for our damages and they dealt with the other insurance company who wanted payment for the other car. I didn't do anything other than talk to State Farm 2 or 3 times.

 

[Hillbeans]

I agree with the previous posters...it sounds as if there couldn't be any dispute that your car was parked while he backed into it and caused the damage - therefore there is no way the accident could be seen as your fault.

 

[jackskellingtonsgirl]

I hope your insurance can get it sorted out!

My friend was rear-ended by a woman at a stop sign. She turned around and said HE hit HER because he was backing up! In the end, his damages were paid by his insurance and her damages were paid by hers because they couldn't prove what happened one way or the other.
If something similar happens here then you would only have to pay if you fixed your own vehicle - his insurance will have to pay to fix his.

 

[4forMe]

I agree with everyone who said to call your insurance company.

Last year, DH was in an accident. The other driver and he swerved to avoid hitting a woman going through a red light. The police wrote the report and no one was given a ticket, although the other driver hit DH's car and was listed first in the report. The other driver was also in a work vehicle. Nine months go by and we receive a letter from an attorney stating we owe the company of the work vehicle $4,000 in damages to the vehicle. Then, we started getting phone calls from a collection agency. We immediately contacted our insurance company who advised us to ignore the letter and phone calls. They handled the situation - we did not need to pay for anything, although we continued to get the collection calls for the following three months.

Hopefully, your insurance company will be able to straighten everything out.

 

[Minnie_me]

Thanks everybody. I"m starting to calm down a bit. (but not much - LOL!) Unfortunately, I can't get in touch with my insurance company until Monday, so I have to fret about this all weekend.

 

[denisenh]

try not to ruin your weekend worrying! ah, i hate it when that happens!

 

[golfgal]

I am so sorry that this happened to you! My DSis works for an insurance agency and she says that you MUST always call the police from the scene of any accident - no matter how minor. She has nightmare stories daily from her clients about the seemingly nice people, who agree that they are at fault and will "take care" of the damages, and then later deny any respponsbility and tell a completely different story. She has seen so many people who were literally victimized because the other driver suckered her clients into thinking they "don't need to get the police involved." She says NEVER accept someone's word that they agree that they are at fault unless they say it directly to a cop! (She jokes that she has seen so many cases like this that, if her DH hit her in her own driveway, she'd call the police.) As the othr posters suggested, contact your own insurance agency asap. Tell them what happened. They are much better qualified to deal with this situation than you are. (And, I'm sure, have seen it before.) Good luck!

Thanks everybody. I"m starting to calm down a bit. (but not much - LOL!) Unfortunately, I can't get in touch with my insurance company until Monday, so I have to fret about this all weekend.

Don't they have an 800 number to call for claims? You can call that line and file a claim. If the other guy is at fault, 100%, his company will have to pay ALL of your repairs. If you are determined to be say 20% at fault, you pay 20% of your deductible-at least that is how it works in our state. Call your insurance company; this is what you pay them for. Also, if you are not majority at fault your rates won't go up either. It sounds like he filed his story with his insurance company one way and it isn't what really happened--very common. ALWAYS, ALWAYS get a police report. Police WON'T ever determine fault, they just report what happens so the insurance companies can determine fault.

 

[lowie]

honestly, i can't imagine an adult not knowing what to do in a situation like this. just call your insurance company and let them deal with it. if he calls or his insurance company do not speak to them nor allow them to record any conversations.

always always always get a police report, no matter how small the accident seems.