WWYD insurance claim???

[Leajess99]

A boy ran into my stopped car with his bicycle. His parents' home owners insurance paid for the damages.

So I definitely think that this case could go to something like that.



However, I've never known of a police officer to be willing to come to a private parking lot - whether that's a grocery store lot or the lot of my parents' townhouse development - for something like this, making a police report *impossible*. In my case, there was absolutely no problem with this, the homeowners insurance did NOT need a police report.


And I do suppose they need to talk with the owner...thankfully the bicycle-boy's parents were known slightly to my stepdad, and he called to tell them what was going on, and he didn't balk. And when a Suburban driver backed into my parked (and empty) Beetle, I got home and on the phone to insurance before she got home, and they had called and spoken with her unsuspecting husband before she got home as well. But we happened to have the same insurance company so I suppose that made it slightly easier.

While you wait, you might find a good and honest bodywork shop and get some estimates. Just so you're prepared.

In Kentucky they actually have a paper you fill out and file with the state and that is the "police report" for private parking lots. I had to do this with a lady when she backed into my van while I was driving past her vehicle. She pulled into the space and then immediately backed out without ever looking. Of course hearing how many accidents she had previously made me better understand that she did not need a license.

 

[a1tinkfans]

Go to the local police station and file a report. That's what you can do. Then provide it to your insurance company. Doubtful that the police would have come if you had called them (that or you would have waited hours for them to respond since it's not an emergency).

Then, provide the police report # to your insurance company.

File a police report. ASAP! Like yesterday....
Get a copy of the report include ALL her info on it...
File it/send it your carrier and hers!
IF you have collision use your own coverage to get it repaired. Yes, youll have a deductible and yes its an annoyance, BUT
your company will then go after HER company (so DOCUMENT!!) your damage, your calls, everything....and your carrier will get your deductible back for you when they subrogate (get their money back) from the other carrier.
Yes, it is her HO carrier that will pay, there is a property damage clause that is easily used.
Best of luck....
thankfully your husband got the info at all....

 

[a1tinkfans]

Cellphone cameras folks!
When something like this happens, pull out your camera and snap away, starting with the license plate of the offender. I recently took pictures of the other guys plate, the damage to my bumper, the 2 cars together and his insurance card, in his hand!

There was no denying anything on his part and he knew I had him.
I called his insurance company and mine and everything went without a hitch.

CELL PIX are AWESOME !

 

[DVC California]

The judge ruled in my favor (without really thinking twice about it), mainly because the man had admitted to me that he had hit the van, and because he had given me his ins information, in essence, admitting his guilt.

This seems so obvious. Why would they provide their ins info if they were not at least involved in the accident. Sheeesh!

 

[squirrel]

My sister works in a busy strip mall. When she had her car it was constantly getting hit, banged, etc. She moved it to other parking spots in the strip mall and still it would get damaged. Most were very noticable and the person who did the damage knew they did it. My sister only had one person out of at least 3 that left a note saying they caused the damage.

The deductable wasn't cheap each time the car got damaged.

Cell phones are great.

Wal-Mart drives me crazy. Everytime I go there are shopping carts all over the parking lot. I end up taking the stray ones near my car back into the store, as I don't want them hitting my car. So wish they had the coin thingy on them then people would return them to the cart spot.

 

[seashoreCM]

Do'nt file a court case yet. Give the insurance companies a month or two to get organized and respond.

Hint: WHen you file a small claims or other case, you file it against the other party, not an insurance company. You can send copies of the claim form to all insurance companies by certified mail.

If the other party's insurance company is not notified of the claim then the other party could have to pay any judgment out of his own pocket. But one of the duties of any insurance company is to defend its client, and for a very small claim, the company might jump the gun and simply pay up quickly.

 

[bpesch]

First, do a police report. Never leave an accident without it. Second, contact your insurance company. That's what you pay them for, to deal with this type of thing for you. Since your vehicle was parked and it's obviously not your fault, there shouldn't be any reason not to let them work on it for you.

The fact that the woman wasn't even going to own up to the accident until your husband approached her would be enough for me to realize that she wasn't going to cooperate, especially since you did not report it.

Good luck! A woman ran into my car (foot slipped off the brake at a stop sign), police told me nothing they could do since it was private property (Target parking lot). Insurance company said nothing they could do without a police report.

That's a crock. Accidents in a parking lot can be reported. If you get a lazy person, it may take some insisting, but it can be done. That type of reasoning makes me wonder what they would do about someone running off the road and hitting a tree on private property.

 

[undertheradar]

Why not just use your insurance and then let your insurance company collect from the other party? This is what you have insurance for. Your vehicle is driveable so this rush to file in court is premature.

 

[Sagginit]

Do'nt file a court case yet. Give the insurance companies a month or two to get organized and respond.

Hint: WHen you file a small claims or other case, you file it against the other party, not an insurance company. You can send copies of the claim form to all insurance companies by certified mail.

If the other party's insurance company is not notified of the claim then the other party could have to pay any judgment out of his own pocket. But one of the duties of any insurance company is to defend its client, and for a very small claim, the company might jump the gun and simply pay up quickly.

i would research how long you have to file the claim. i know with credit card disputes you have a certain time frame and after that legally you are just out of luck.

and to answer the question how could someone do that? obviously she has not watched joyce meyer. i think of that woman every time i put my shopping cart back.

 

[dumbodame]

While the woman is responsible for the damage to your vehicle, why do you feel that her auto insurance company should cover the damages?

She wasn't driving her car; there was no moving violation.

She hit your vehicle with a shopping cart.

I agree with others that have said this is more likely a small claims court issue.

 

[dumbodame]

Poo....I re-read this and realized that it is her homeowners insurance company....not the auto.

I will try harder to keep up with the class....or just keep my mouth shut in the first place.

Carry on............

 

[momxx5]

You need to notify YOUR insurance company. That is who works for YOU and why you have insurance, why you pay them. They are to pay to fix it, minus the deductible and then THEY are to go after HER insurance for re-embursment(sp?).

Her insurance company will contact her and after confirmation from her they will pay the claim. If she states things happened differently then the insurance companies fight it out because YOUR insurance company does not want to get stuck with the bill. In a lot of cases, due to the deductibles many people chose not to file a claim as rates may also rise.

It might be different limitations in different states, but in NC you can have someone file an insurance claim against you for up to 3 years.

SO....in most traffic accidents it it always in your best interest to contact your own insurance company to put them on notice of what happened. It doesn't really apply in this case but if it were a true car/car accident you would really want your insurance company to have a report from you as to what actually happened......versus going off the other party's report.

In no way are you suppose to contact her insurance company. They do not work for you, they are not going to happily pay for your repair based on "your report of the events". They are her insurance company are she pays for them to look out for her best interests (and their own bank accounts) Think about it......if that were the case, anyone could call someone insurance company and file a claim for repairs. Sorry that is not how it works.

So, basically all you have as recourse is to file with your insurance company.
Good luck and keep us posted.

 

[DVC-Don]

I agree, this is most likely a small claims court issue. She was hit by a shopping cart, not another vehicle. It may be covered out of the responsible persons homeowners, but that iffy.